CCR, r. 2 - Tariff in criminal matters

Full text
chapter CCR, r. 2
Tariff in criminal matters
CRIMINAL CODE — TARIFF
Criminal Code
(R.S.C. 1985, c. C-46, subsection 840(2)).
January 1 2016
The fees prescribed in the Tariff have been indexed and rounded as of 1 January 2019 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 5 January 2019, page 11. (s. 1) (Effect from 1 January 2019.)
1. The fees and allowances mentioned in the Schedule to Part XXVII of the Criminal Code (R.S.C. 1985, c. C-46) and prescribed under section 840 of that Code shall not be taken or allowed in Québec in proceedings before summary conviction courts and before justices and are instead replaced by the following:
(1)  fees and allowances that may be charged by summary conviction courts and justices:
(a)  for the issue of a summons or a warrant for arrest in first instance or to confirm an appearance notice, a promise or a recognizance to appear: $36.50;
(b)  for a promise made or a recognizance entered into before a justice for the purposes of provisional release: $36.50;
(c)  for a warrant of committal upon conviction, a remand warrant or a warrant for arrest for failure to appear in or to attend court: $36.50;
(d)  for each witness summoned: $17;
(e)  for a subpoena to a witness where the court finds that the testimony could have been given by filing a document in lieu of testimony, in addition to the costs provided for in a tariff of court costs for the subpoena and travel expenses of such witness: $45.50;
(f)  for filing a motion or application in writing: $22.80;
(g)  for an adjournment granted at the defendant’s request: $32.75;
(h)  for a judgment convicting the defendant, following an ex parte hearing or a plea of guilty: $65.75;
(i)  for a judgment convicting the defendant, rendered during a contested trial: $102;
(j)  for a copy of an audio or video tape or another object that cannot be photocopied, the actual cost;
(k)  for a notice to the Société de l’assurance automobile du Québec of any conviction or any order prohibiting driving: $36.50;
(2)  fees and allowances that may be granted to bailiffs:
(a)  for serving a summons, a subpoena on a witness and any notice, the tariff prescribed in the Tariff of fees of court bailiffs (chapter H-4.1, r. 13.1);
(b)  for the arrest or imprisonment of a person, except for default of payment of a fine (subsection 734 (7)) and for the execution of a warrant for witness, the Tariff of fees of court bailiffs.
O.C. 1163-98, s. 1.
2. The amounts mentioned in this Regulation shall be increased on 1 April 1999 and thereafter every 3 years on 1 April, as follows:
(1)  where the amount applicable on the preceding 31 March is equal to or greater than $35, it shall be increased on the basis of the cumulative rate of increase in the general Consumer Price Index for Canada, as determined by Statistics Canada for a 3-year period ending on 31 December of the preceding year;
(2)  where the amount applicable on the preceding 31 March is less than $35, the increase shall be carried out by applying to the amount exigible on 8 October 1998 the cumulative rate of increase in the general Consumer Price Index for Canada, as determined by Statistics Canada for the period beginning on 1 January of the year preceding the year of the coming into force of such provision and ending on 31 December of the year preceding that increase.
The amounts indexed in the prescribed manner shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.
The Minister of Justice shall inform the public, through the Gazette officielle du Québec and by such other means as he considers appropriate, of the indexing calculated under this section.
O.C. 1163-98, s. 2.
3. (Omitted).
O.C. 1163-98, s. 3.
REFERENCES
O.C. 1163-98, 1998 G.O. 2, 3889