Legal Aid Act

Short title

1 This Act may be cited as the Legal Aid Act. R.S., c. 252, s. 1.

Interpretation

2 In this Act,

(a) "Chief Executive Officer" means the person appointed as the Chief Executive Officer of the Commission pursuant to this Act;

(aa) "Commission" means the Nova Scotia Legal Aid Commission;

(b) "lawyer" has the same meaning as in the Legal Profession Act;

(c) "legal aid" means legal aid provided pursuant to this Act and the regulations. R.S., c. 252, s. 2; 2020, c. 15, s. 1.

Nova Scotia Legal Aid Commission established

3 (1) There is hereby established a body corporate to be known as the Nova Scotia Legal Aid Commission.

(2) The Commission consists of

(a) nine directors appointed by the Governor in Council on the recommendation of the Attorney General; and

(b) two persons in the public service designated by the Attorney General.

(3) Four of the directors appointed by the Governor in Council shall be from those persons nominated to the Attorney General as directors by the Council of the Nova Scotia Barristers' Society.

(4) In nominating persons to the Attorney General, the Council of the Nova Scotia Barristers' Society shall provide a sufficient number of names of proposed directors so that the Attorney General will be able to make an appropriate recommendation to the Governor in Council.

(5) Directors of the Commission may include persons in the public service and persons who hold an office or appointment under any enactment of the Parliament of Canada or of the Province.

(6) repealed 2020, c. 15, s. 2.

(7) All directors appointed subsequent to the appointments establishing the Commission shall be for a term of not more than three years.

(8) Each director is eligible for re-appointment to the Commission upon expiry of his [the director's] term.

(8A) Where the term of office of a director expires, that director may continue to act as a director until the director is re-appointed, a successor is appointed or the appointment of the director is revoked.

(9) Where a vacancy occurs on the Commission for any reason whatsoever due to a director not completing the director's term then such vacancy shall be filled as soon as practicable by appointment in the manner provided in this Section and the director so appointed shall hold office for the residue of the term for which the director is appointed or until a successor is appointed.

(10) A vacancy on the Commission does not impair the right of the remaining directors to act.

(11) When making recommendations or nominations, as the case may be, the Attorney General and the Nova Scotia Barristers' Society shall consider a potential director's knowledge of and skills and experience in

(a) business, management and financial matters;

(b) law and the operation of courts, tribunals and alternative dispute-resolution processes;

(c) the provision of legal aid;

(d) familiarity with the Province's Indigenous Black and Mi'kmaq communities;

(e) urban and rural areas;

(f) the cultural, linguistic and geographic diversity of the Province; and

(g) the social and economic circumstances associated with the special legal needs of low-income individuals. R.S., c. 252, ss. 3, 4 (part); 2020, c. 15, s. 2.

Directors

4 (1) One of the directors shall be appointed Chair of the Commission.

(2) The directors may be full-time directors or part-time directors in the discretion of the Governor in Council.

(3) Each full-time director of the Commission shall devote the whole of the director's time to the performance of the director's duties under this Act and shall be paid such remuneration as is determined by the Governor in Council.

(4) Each part-time director of the Commission may be paid such remuneration for attendance at meetings of the Commission as is determined by the Governor in Council.

(5) Each director of the Commission shall be paid such travelling and living expenses incurred by the director in the performance of his [the director's] duties under this Act as are determined by the Governor in Council. R.S., c. 252, s. 4 (part); 2020, c. 15, s. 3.

Quorum and right to vote

5 (1) A quorum of the Commission consists of five members.

(2) The persons in the public service designated by the Attorney General do not have a vote in the deliberations of the Commission. R.S., c. 252, s. 5 (part); 2020, c. 15, s. 4.

Business and practices of Commission

5A Subject to this Act and the regulations, the Commission controls and directs the business of the Commission and may, by resolution or by-law, determine its own practices and procedures. 2020, c. 15, s. 5.

Objects of Commission

5B The objects of the Commission are to

(a) deliver quality legal services in accordance with this Act;

(b) improve access to justice for Nova Scotians; and

(c) provide such other legal services as the Attorney General may direct the Commission to provide to individuals or groups. 2020, c. 15, s. 5.

Powers and duties of Commission

6 (1) The Commission is responsible for all matters relating to legal aid in the Province and for persons employed by the Commission and has all the powers and shall perform all the duties conferred and imposed upon it by this Act, any other Act, the Governor in Council or the Attorney General, including

(a) determining the legal needs of low-income individuals and of disadvantaged communities;

(b) establishing priorities for the areas of law, types of cases and types of proceedings for which it will provide legal aid;

(c) establishing policies for the kinds of legal aid to be provided in different areas of law, types of cases and types of proceedings;

(d) establishing procedures for applying for legal aid;

(e) establishing guidelines, procedures and requirements for lawyers and other persons providing services under this Act;

(f) establishing offices and maintaining facilities;

(g) establishing strategic policy and plans to meet the objectives of the Commission by

(i) assessing current and future needs for legal aid,

(ii) formulating strategies to meet those needs, and

(iii) setting performance measures to determine if the objectives have been met;

(h) developing the Commission's capacity to participate in the development of an integrated justice system in collaboration with other partners in the justice system;

(i) facilitating coordination among the different methods and different persons and entities by which legal aid is provided;

(j) informing the public respecting the nature and extent of services available under this Act;

(k) initiating, conducting and participating in public legal education and other programs that advance the purpose of this Act;

(l) reviewing and approving investment policies;

(m) developing and maintaining an information-technology strategy;

(n) establishing policies for the retention, preservation and destruction of records;

(o) establishing and implementing quality-control mechanisms;

(p) evaluating the programs of the Commission;

(q) undertaking inquiries and investigations in relation to the functions of the Commission;

(r) making payments for services rendered by lawyers in accordance with this Act and the regulations; and

(s) doing any other thing that is necessary, incidental or conducive for the carrying out of the purpose of this Act.

(2) In the exercise and performance of its functions, powers and duties under this or any other enactment, the Commission shall act in accordance with any general directions of the Attorney General.

(2A) The Commission shall advise the Attorney General respecting legal aid and access to justice for individuals.

(3) Subject to this Act and the regulations, the Commission may delegate, in writing, any of its powers or duties to a committee of the Commission, a member of a committee or an officer or employee of the Commission. R.S., c. 252, s. 6; 2020, c. 15, s. 6.

Personnel

7 (1) Subject to this Act, the Commission may employ such officers and employees and technical and professional advisers and consultants as it considers necessary for the proper conduct of its activities.

(2) For all purposes of the Public Service Superannuation Act, every person employed by the Commission, otherwise than temporarily, is deemed to be a person employed in the public service of the Province and service in the employment of the Commission is deemed to be public service.

(3) The Commission shall

(a) deduct periodically from the salary of every person to whom subsection (2) applies such amount as is directed in accordance with the Public Service Superannuation Act to be deducted from the salary of an employee in the public service of the Province under that Act;

(b) pay over the same plus the employer's contributions calculated in accordance with the provisions of the Public Service Superannuation Act to the Minister of Finance and Treasury Board,

which amounts when so received shall be paid into and form part of the Superannuation Fund under the Public Service Superannuation Act.

(4) Where by the Public Service Superannuation Act

(a) any payment is directed to be made into the Superannuation Fund by the Governor in Council or by the Minister of Finance and Treasury Board; or

(b) any superannuation allowance or other sum is directed to be paid out of the General Revenue Fund of the Province,

in respect of any employee of the Commission the Governor in Council may provide that such payment, superannuation allowance or other sum shall be paid by the Commission.

(5) For the purposes of the Public Service Superannuation Act, every person employed in the Nova Scotia Legal Aid Program administered by the Nova Scotia Barristers' Society on the first day of November, 1977, and subsequently employed by the Commission is deemed to have been employed in the public service while serving with the Nova Scotia Legal Aid Program and shall be credited with such service provided that the person makes application in writing to the Minister of Finance on or before the first day of November, 1978, and pays to the Minister of Finance the employee's contribution at the rate in effect at the time the person becomes an employee together with interest at the rate determined by the Governor in Council by regulation pursuant to Section 20 of the Public Service Superannuation Act. R.S., c. 252, s. 7; 2010, c. 2, s. 84; O.I.C. 2013-348; 2020, c. 15, s. 7.

Administration cost and expenses

8 The cost and expenses of administering this Act shall be paid out of the money voted by the Legislature for that purpose and such other money as may be received by the Commission for that purpose by gift or grant. R.S., c. 252, s. 8.

Accounts and records

9 (1) The Commission may maintain in its name one or more accounts in one or more chartered banks designated by the Minister of Finance and Treasury Board.

(2) All moneys received by the Commission through the conduct of its operations or otherwise on behalf of or to the credit of the Commission may be deposited to the credit of the accounts established pursuant to subsection (1) and may be administered and expended by the Commission exclusively in the exercise and performance of the powers, duties and functions of the Commission.

(3) The Commission shall keep proper books of account and records and shall comply with Public Sector Accounting Board principles.

(4) Subject to such directions as to form as the Minister of Finance and Treasury Board may give, the Commission shall prepare in relation to its operations, in respect of each financial year of the Commission, statements of accounts which shall include

(a) statements of operations, changes in net financial assets and cash flows; and

(b) such other information in respect of the financial affairs of the Commission as the Minister of Finance and Treasury Board may require.

(5) Upon the request of the Minister of Finance and Treasury Board the Commission shall provide to the Minister of Finance and Treasury Board and the Attorney General financial statements and reports in the form and containing the information prescribed by the Minister of Finance and Treasury Board. R.S., c. 252, s. 9; O.I.C. 2013-348; 2020, c. 15, s. 8.

Audit

10 The accounts of the Commission shall be audited and reported on by the Auditor General or a qualified independent auditor at least once every year and at such other times as the Governor in Council or the Minister of Finance and Treasury Board may direct. R.S., c. 252, s. 10; O.I.C. 2013-348; 2020, c. 15, s. 9.

Fiscal year and annual report

11 (1) The fiscal year of the Commission is the period beginning on the first day of April and ending on the thirty-first day of March of the following year.

(2) The Commission shall before the first day of November in each year make an annual report to the Attorney General containing

(a) an audited financial statement as outlined in subsection (4) of Section 9 for the last fiscal year;

(b) such other matters as may be prescribed by the Attorney General or the Governor in Council. R.S., c. 252, s. 11.

Tax exemption

12 The Commission and its property are exempt from taxation under or pursuant to any Act of the Legislature. R.S., c. 252, s. 12.

Property vested in Crown

13 All property, whether real or personal, acquired, possessed or received by the Commission and all profits earned in the administration of the same are property of His Majesty in right of the Province. R.S., c. 252, s. 13.

Chief Executive Officer

14 (1) The Commission shall appoint a Chief Executive Officer.

(2) Subject to the Commission, the Chief Executive Officer is responsible for the general administration of the legal aid plan and staff in accordance with this Act and the regulations. R.S., c. 252, s. 14; 2020, c. 15, s. 10.

Entitlement to legal aid and powers of lawyer

15 (1) The Commission may grant legal aid in any area of law involving the liberty or civil rights of an individual and for matters involving the integrity and protection of an individual's family, including

(a) criminal law;

(b) family law;

(c) social justice or administrative matters, if the matter affects the individual's income, housing, entitlement to benefits, ability to earn a livelihood, family integrity or mental health; and

(d) any other matter as directed by the Attorney General.

(2) In determining whether to grant legal aid and which services to grant, the Commission shall consider

(a) the need to achieve an effective balance among the different methods of providing legal aid;

(b) the needs of low-income individuals and of disadvantaged communities;

(c) the cost of providing such services; and

(d) the Commission's resources.

(3) Subject to subsections (1) and (2), the Commission may provide legal aid by any method it considers appropriate, including

(a) by providing services ordinarily provided by a lawyer;

(b) by providing services other than those referred to in clause (a);

(c) by providing duty counsel;

(d) by assisting individuals representing themselves, including providing those individuals with summary advice, legal information packages, self-help kits and assistance in preparing documents;

(e) by providing alternative dispute-resolution services;

(f) by providing public legal education and information.

(4) The Commission may provide legal aid through lawyers or other persons, whether or not those lawyers or other persons are employed by the Commission.

(5) Except as otherwise provided in this Act or the regulations, a lawyer providing legal aid may prepare documents, negotiate settlements or give legal advice necessary to carry out the lawyer's duties under this Act. 2020, c. 15, s. 11.

When legal aid granted

16 (1) Legal aid may be granted at any stage of proceeding, proposed proceeding or at any other time determined by the Commission.

(2) Legal aid may not be granted after the matter for which legal aid may have been granted has been completed, except in unusual circumstances and then only with the consent of the Commission. R.S., c. 252, s. 16; 2020, c. 15, s. 12.

Application for legal aid

17 (1) An application for legal aid shall be made in the manner and form determined by the Commission to

(a) the appropriate legal aid official in the area in which the applicant resides at the time the application is made or in which the matter or proceeding for which legal aid is required arises or in which the legal services required are to be performed; or

(b) the Chief Executive Officer.

(2) An application for legal aid shall set forth

(a) the financial condition of the applicant;

(b) the basis of the applicant's claim and all the information required by the Commission; and

(c) any additional information required by the Commission.

(3) Every applicant or recipient of legal aid shall notify without delay the Chief Executive Officer or the lawyer in charge of the applicant's or recipient's case of any change in his [the applicant's or recipient's] condition making inaccurate any information supplied by the applicant or recipient to obtain legal aid. R.S., c. 252, s. 17; 2020, c. 15, s. 13.

Certificate of eligibility

18 (1) Where the regulations provide for legal aid to be provided or where the Chief Executive Officer determines that legal aid should be provided by a lawyer who is to be compensated by the Commission, the appropriate legal aid official shall issue a certificate of eligibility in a form approved by the Commission.

(2) No compensation shall be paid for legal aid rendered prior to the issuance of such a certificate without the approval of the Commission. R.S., c. 252, s. 18; 2020, c. 15, s. 14.

Refusal or suspension of legal aid

19 Legal aid may be refused, suspended or withdrawn, as the case may be, or a certificate cancelled with regard to any person otherwise eligible when that person, without sufficient reason,

(a) refuses to provide the information or documents required to study the person's application;

(b) refuses to provide the information required under this Act and by the regulations;

(c) refuses to exercise the person's legal rights and remedies;

(d) refuses to co-operate with the lawyer rendering professional services for the person, in the manner that is normal and customary between a lawyer and a client;

(e) makes a false statement or conceals information in applying for legal aid;

(f) is charged for an offence the same as or similar to one for which the person has been convicted previously;

(g) is receiving or has received an unreasonable total amount of legal aid; or

(h) is not ordinarily resident in one of the provinces of Canada. R.S., c. 252, s. 19; 2020, c. 15, s. 15.

Charge for legal aid

20 Subject to this Act and the regulations, the Commission may, upon receipt of an application and where the applicant is found eligible, furnish legal aid

(a) without charge to any individual who is unable to pay therefor; or

(b) with a contribution agreement, to any individual who is able to pay a portion of the cost thereof. R.S., c. 252, s. 20; 2020, c. 15, s. 16.

Panels of lawyers

20A (1) The Commission may, in accordance with the regulations, appoint panels of lawyers who may provide legal aid.

(2) The Commission may establish minimum standards that a lawyer must meet to be appointed to a panel. 2020, c. 15, s. 17.

Agreement to pay part of cost

21 (1) Where the Commission determines that the applicant can pay some part of the cost of the legal aid applied for, the Commission may require the applicant to enter into a written agreement to pay that part of the cost under such conditions and at such time or times as may be set by the Commission.

(2) The amount that an applicant or person responsible for an applicant agrees to contribute towards the costs of the legal aid given to the applicant

(a) must be paid to the Commission by the applicant or person responsible for the applicant;

(b) is a debt owing to the Commission; and

(c) may be recovered in any court of competent jurisdiction.

(3) Where a person does not pay an amount that the person agreed to contribute when it becomes due, the Commission may issue the person with a notice stating that the person is in default under this Act and setting out the amount owed to the Commission.

(4) The Commission may file a notice issued under subsection (3) with the Supreme Court of Nova Scotia or with the Small Claims Court and that Court shall treat it in the same way as an order of the Court and it is enforceable as such.

(5) Notwithstanding any rule of court, the Commission may file the notice with a court by mail. R.S., c. 252, s. 21; 2020, c. 15, s. 18.

Party and party costs

22 (1) Unless a court otherwise orders, a court shall have the discretion to award party and party costs for or against a recipient of legal aid.

(2) Where a court orders costs against a recipient of legal aid, these costs shall be payable by the recipient and not by the Commission unless prior written agreement exists between the recipient and the Commission.

(3) Where a court orders costs to be paid to a recipient of legal aid, the recipient may be required by the Commission to pay those costs to the Commission. R.S., c. 252, s. 22; 2020, c. 15, s. 19.

Effect of recovery by recipient

23 (1) Where a recipient of legal aid recovers under a judgment, order, settlement or otherwise in respect of the proceedings for which legal aid was rendered, the recipient may be required to make a payment to the Commission for the services rendered on the same basis as if an ordinary lawyer and client relationship existed.

(2) Costs awarded in any order made in favour of an individual who has received legal aid are recoverable in the same manner and to the same extent as though awarded to an individual who has not received legal aid.

(3) Subsection (2) applies even if no part of the costs of the legal aid received by the individual in whose favour the order is made was or will be contributed to the Commission by the individual or by a person responsible for the individual.

(4) Subsection (2) applies even if the costs are in excess of the total amount contributed or to be contributed to the Commission by the individual, or by a person responsible for the individual, for the costs of the legal aid received by the individual.

(5) All costs ordered by a court to be paid to an individual who has received legal aid are the property of the Commission and must be paid to the Commission. R.S., c. 252, s. 23; 2020, c. 15, s. 20.

Collection of costs of legal aid by Commission

23A (1) Where an applicant recovers any sum in respect of a matter for which the applicant received legal aid under a judgment, order, settlement or otherwise, the amount of the costs of the legal aid provided to the applicant is a charge against the sum so recovered and must be deducted from the sum recovered and paid to the Commission.

(2) Where an applicant who has been given legal aid in any matter recovers property other than money, the Commission has a charge against the property so recovered for the amount of the costs of the legal aid provided to the applicant and may enforce such a charge.

(3) Where the recovered property is personal property, the charge is deemed to be a financing statement as prescribed by the regulations made under the Personal Property Security Act.

(4) The charge is not invalidated nor its effect impaired by reason only of an error or omission in the charge or in its execution or registration, unless a reasonable person would be likely to be materially misled by the error or omission.

(5) Where the recovered property is real property, the Commission may register the charge against it in the land registry office for the county in which the property is located and the Commission may enforce the charge by sale of the real property against which it is registered in the same manner as a sale to realize on a mortgage.

(6) Where a person who owns or has any interest in real property in the Province has agreed to contribute towards the costs of legal aid given to the person or to a person for whom the person is responsible, the Commission may register a notice of lien for an amount equal to the amount that the person agreed to contribute against the person's land in the land registry office for the area in which the interest is located.

(7) Where the person fails to pay the Commission an amount the person agreed to contribute, the Commission may enforce a lien made under subsection (6) by sale of the real property against which it is registered in the same manner as a sale to realize on a mortgage.

(8) The Commission is not required to enforce the charge or lien immediately upon default occurring, but may delay enforcing the charge or lien to a later date or, in accordance with the terms of the agreement entered into by the person and the Commission, to the occurrence of an event.

(9) A charge or lien against real property under this Section must be in a form approved by the Attorney General.

(10) The Commission may, in accordance with the regulations, waive any of its rights under this Section to collect amounts due to it and may accept payment from an applicant or person responsible for an applicant in a lesser amount than that owed by the applicant or person to the Commission.

(11) This Section does not apply in respect of legal aid provided by a legal aid clinic or any other entity that is not the Commission. 2020, c. 15, s. 21.

Where false or misleading information given

24 A person who knowingly makes false or misleading statements or provides false or misleading information in an application for legal aid may be required to make a payment to the Commission for services rendered upon that application on the same basis as if an ordinary solicitor and client relationship existed. R.S., c. 252, s. 24.

Appeal to Commission

25 An applicant or client, as the case may be, may appeal to the Commission where

(a) the applicant or client is refused a grant of legal aid;

(b) the applicant or client is refused a legal aid certificate;

(c) the applicant or client is refused an amendment to the applicant's or client's legal aid certificate;

(d) contributions are required by the applicant as a condition of the granting of legal aid or the issuing of a certificate;

(e) legal aid is suspended or withdrawn; or

(f) the legal aid certificate is cancelled or amended. R.S., c. 252, s. 25; 2020, c. 15, s. 22; revision corrected.

Agreements

26 Subject to the approval of the Governor in Council, the Attorney General or the Commission, or both, may enter into, vary or amend any agreement or agreements with the Government of Canada, a province or Dalhousie Legal Aid Service, or any or all of them, respecting legal aid upon such terms and conditions as are agreed. R.S., c. 252, s. 26.

No conflict of interest

26A A lawyer employed by the Commission to provide legal aid is not in a conflict of interest by reason only of representing a person in a dispute where a party opposite in interest in the dispute is being advised or represented by another lawyer working for a different office of the Commission. 1999 (2nd Sess.), c. 8, s. 8; 2020, c. 15, s. 23.

Privileged information

26B (1) Information disclosed by a client or an applicant for legal aid to a director, employee or officer of the Commission is privileged and must be kept confidential in the same manner and to the same extent as if it had been disclosed to a lawyer under a lawyer and client relationship.

(2) Where a civil or criminal proceeding is or may be brought against a person respecting the person's eligibility for legal aid, subsection (1) does not apply to information respecting eligibility. 2020, c. 15, s. 24

Liability of director, officer or employee of Commission

26C (1) A director, officer or employee of the Commission is not personally liable for anything done or omitted to be done or for any neglect or default in

(a) the exercise or purported exercise of a power conferred upon that director, officer or employee pursuant to this Act or the regulations; or

(b) the performance of a duty under this Act or the regulations.

(2) Subsection (1) does not apply if the act or omission was

(a) done in bad faith;

(b) fraudulent; or

(c) criminal.

(3) Subsection (1) does not protect the Commission from vicarious liability arising out of anything done or omitted by a person referred to in that subsection for which the Commission would be vicariously liable if this Section were not in effect. 2020, c. 15, s. 24.

Regulations

27 (1) The Governor in Council, on the recommendation of the Commission and the Attorney General, may make such regulations as the Governor in Council deems necessary or advisable for the more effective carrying out of the purposes of this Act and for dealing with any matters for which no express provision has been made or in respect of which only partial or imperfect provision has been made and, without restricting the generality of the foregoing, may make regulations

(a) designating regions of the Province as areas for purposes of this Act;

(b) respecting the delegation by the Commission of any of its powers or duties;

(c) prescribing the classification, remuneration and other terms and conditions of employment of the Chief Executive Officer and other persons employed for the purposes of this Act;

(d) prescribing oaths of secrecy and requiring persons, or any class thereof, engaged in the administration of this Act to take and subscribe such oaths;

(e) respecting the non-disclosure of information furnished by or about an applicant for or recipient of legal aid;

(f) prescribing the accounts and records that shall be kept of the transactions of the fund;

(g) respecting the payment out of the fund of the expenses of the Commission attributable to the administration of this Act and the regulations;

(h) to prevent unnecessary utilization or abuse of legal aid;

(i) providing for the investigation of complaints of violations of this Act or the regulations or of any order made under this Act or the regulations;

(j) providing for the settlement, recovery and payment of costs and other moneys due to the Commission;

(k) providing for the payment of costs awarded against a person to whom legal aid has been given;

(ka) respecting the waiver or reduction by the Commission of amounts owed to it by an applicant or recipient of legal aid;

(l) respecting panels of lawyers who may provide legal aid;

(la) respecting panels of lawyers who may provide legal aid, including establishing minimum standards those lawyers must meet;

(m) respecting the participation of Dalhousie Legal Aid Service in legal aid;

(n) respecting the participation of students-at-law in legal aid;

(o) respecting the matters in respect of which legal aid may be provided;

(p) repealed 2020, c. 15, s. 25.

(q) respecting entitlement to legal aid;

(r) prescribing procedures for applying for legal aid;

(s) prescribing information to be disclosed by applicants for legal aid;

(t) prescribing rules for determining financial eligibility for legal aid;

(u) respecting the fees to be paid to lawyers for professional services under this Act or the regulations;

(v) respecting the establishment and revision from time to time of a tariff of fees to be used in taxing a lawyer's bill;

(w) providing for the settlement of accounts for professional services under this Act or the regulations;

(x) respecting appeals to the Commission;

(y) respecting lawyers' reports on legal aid;

(z) respecting the repayment of disbursements to lawyers;

(aa) governing the calling of meetings of the Commission and the conducting of business at such meetings;

(ab) governing the appointment of committees and subcommittees and prescribing the duties of committees and subcommittees;

(ac) prescribing the procedures to be followed and the forms to be used in carrying out the provisions of this Act and the regulations;

(ad) respecting any matter, whether of any of the foregoing kinds or not, necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The regulations made pursuant to subsection (1) shall be regulations within the meaning of the Regulations Act. R.S., c. 252, s. 27; revision corrected; 2020, c. 15, s. 25.