H-4.1, r. 14 - Tariff of fees and transportation expenses of bailiffs

Full text
chapter H-4.1, r. 14
Tariff of fees and transportation expenses of bailiffs
COURT BAILIFFS — TARIFF OF FEES
Court Bailiffs Act
(chapter H-4.1, s. 13).
H-4.1
January 1 2016
Replaced, O.C. 1096-2015, 2015 G.O. 2, 3339; eff. 2016-01-01; see c. H-4.1, r. 13.1.
DIVISION I
CLASSES OF PROCEEDINGS
1. The tariff of fees of bailiffs is determined in Schedule 1 and comprises the following classes of proceedings:
(a)  Class 1:
i.  a proceeding that comes under the jurisdiction of the Court of Québec or of a municipal court, a proceeding founded on the Code of Penal Procedure (chapter C-25.1) or on the Criminal Code (R.S.C. 1985, c. C-46) where no amount is involved or the amount involved does not exceed $500;
ii.  a proceeding issuing from a person or body having judicial, quasi-judicial or administrative powers;
(b)  Class 2:
i.  a proceeding that comes under the jurisdiction of the Court of Québec or of a municipal court, a proceeding founded on the Code of Penal Procedure or on the Criminal Code, and not included in Class 1;
ii.  a proceeding that comes under the jurisdiction of the Superior Court, the Court of Appeal, the Supreme Court or the Federal Court, or a court of another province or country.
R.R.Q., 1981, c. H-4, r. 3, s. 1; O.C. 819-87, s. 1; O.C. 1414-91, s. 1.
DIVISION II
GENERAL RULES
2. In addition to his fees, a bailiff may only claim his actual disbursements that must be warranted and paid to third parties while he is performing his duties in particular, fees claimed by a financial institution carrying on its activities in Québec, where the bailiff can accept a payment made by means of a certified cheque, a credit card or a transfer of funds.
R.R.Q., 1981, c. H-4, r. 3, s. 2; O.C. 915-99, s. 1.
2.1. The fees and transportation expenses that a bailiff may claim must not exceed the amount calculated on the basis of the distance actually travelled, to a maximum of the one-way trip distance from the bailiff’s closest office to the place where service or execution was made.
Where the one-way trip distance actually travelled by the bailiff exceeds 15 km and where he has an office less than 15 km from the place where service or execution was made, the fees and transportation expenses shall be claimed for an amount equivalent to a 15-km trip.
Notwithstanding the first paragraph, where the one-way trip distance actually travelled by the bailiff does not exceed 15 km, the fees and transportation expenses shall be claimed for the distance actually travelled.
O.C. 110-90, s. 1; O.C. 915-99, s. 2.
3. In the cases prescribed in sections 1 to 7 of Schedule 1, the fees for service include the fees for drawing up the minutes.
R.R.Q., 1981, c. H-4, r. 3, a. 3.
4. The transportation fees to which a bailiff is entitled under this Tariff includes the fees and expenses described in paragraphs a and b of section 20 of Schedule 1.
R.R.Q., 1981, c. H-4, r. 3, s. 4; O.C. 1895-82, s. 2; O.C. 2102-84, s. 1.
5. The hourly rate to which the bailiff is entitled is that prescribed in section 23 of Schedule 1.
The bailiff is not entitled to the hourly rate while he is travelling.
R.R.Q., 1981, c. H-4, r. 3, s. 5; O.C. 1414-91, s. 2.
6. A bailiff is entitled to the fees plus half the fees where, in accordance with the law, he must execute a service on a non-juridical day, or after 10:00 p.m. or before 7:00 a.m. on a juridical day.
A bailiff is entitled to the fees plus half the fees where, in accordance with the law, he must serve an execution on a non-juridical day, or after 8:00 p.m. or before 7:00 a.m.on a juridical day.
Where an execution is begun before 8:00 p.m. and must continue after that time, the bailiff is entitled to the fees prescribed for the hourly rate, to time and a half fees for the period of time after 8:00 p.m.
R.R.Q., 1981, c. H-4, r. 3, S. 6; O.C. 1414-91, s. 3; O.C. 915-99, s. 3.
DIVISION III
SPECIAL RULES
7. The fees for serving an advance notice for the exercise of a hypothecary right, an assignment of rent, a notarial deed, a 30-day notice for a voluntary deposit, a putting in default or for serving any notice, deed or document not specifically provided for in this Tariff are those set in section 7 of Schedule 1.
R.R.Q., 1981, c. H-4, r. 3, s. 7; O.C. 915-99, s. 4.
7.1. For the service of a judicial document from another State, in application of the Convention of the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, which was concluded at the Hague on 15 November 1965 and which came into force on 1 May 1989, the bailiff is entitled only to a fee of $100.
O.C. 110-90, s. 2; O.C. 915-99, s. 5; O.C. 46-2000, s. 1; O.C. 570-2014, s. 1.
7.2. For the taking of an official report, the bailiff is entitled to the fees prescribed in section 15.1 of Schedule 1 and to those prescribed for transportation.
O.C. 1414-91, s. 4.
7.3. For the drawing-up of the copy of a certificate of service intended for the registrar, for registration in the land register, the bailiff is entitled to the fee provided for in subsection c of section 8 of Schedule 1.
O.C. 915-99, s. 6.
8. The execution of a judgment or an order for the performance of any physical act to move a specific person comprises in particular:
(a)  the execution of a warrant for a person’s arrest;
(b)  the execution of a warrant for a person’s imprisonment;
(c)  the execution of an order or a judgment in matters concerning confinement in an establishment or psychiatric evaluation;
(d)  a writ of habeas corpus ordering the bailiff to bring a person before the court;
(e)  the execution of any judgment ordering the eviction of a person from a given domicile particularly in the case of a separation or divorce.
R.R.Q., 1981, c. H-4, r. 3, s. 8; O.C. 915-99, s. 7.
9. For the execution of a warrant provided for in section 8, for the payment of the charges applicable or the moving of an accused person, the bailiff is entitled to the fees prescribed for:
(a)  service;
(b)  execution;
(c)  (paragraph revoked);
(d)  transportation;
(e)  where applicable, the opening of doors or the acquisition of a warrant for entry in a dwelling.
R.R.Q., 1981, c. H-4, r. 3, s. 9; O.C. 1414-91, s. 5; O.C. 915-99, s. 8.
10. For the execution of a writ of seizure of property, the bailiff is entitled to the fees prescribed for:
(a)  where he receives payment:
i.  service;
ii.  only one demand for payment;
iii.  (subparagraph revoked);
iv.  transportation;
(b)  where he executes a writ of seizure:
i.  service;
ii.  seizure;
iii.  (subparagraph revoked);
iv.  transportation;
v.  if applicable, the acquisition by the registrar of a certified statement of the rights granted by the debtor and registered in the register of personal and movable real rights;
(c)  where he fails to receive payment and where he does not execute a writ of seizure due to lack of property:
i.  service;
ii.  the nulla bona report;
iii.  (subparagraph revoked);
iv.  transportation.
To the fees prescribed in subparagraph a, b or c are added, where applicable, the fees prescribed for the receipt of a security, the removal of the property seized, the opening of doors with or without removal of the property seized, the placing under lock and key or under guard, with or without the opening of doors.
R.R.Q., 1981, c. H-4, r. 3, s. 10; O.C. 1414-91, s. 6; O.C. 915-99, s. 9.
11. For the execution of a writ of seizure of movables or immovables before judgment or the execution of a writ of seizure of immovables after judgment provided for in article 660 of the Code of Civil Procedure (chapter C-25), section 10 applies with the necessary modifications.
R.R.Q., 1981, c. H-4, r. 3, s. 11.
11.1. For the execution of a writ of seizure of movable property after judgment, where the property seized is a motor vehicle registered in the defendant’s name, the bailiff is entitled:
(a)  where a motor vehicle has been immobilized, to the fees prescribed in paragraph a of subsection 4 of section 11 of Schedule 1 including the installation and removal of the device, the execution, service, transportation and hourly rate of the bailiff;
(b)  where, not less than 24 hours following the immobilization of the vehicle, the latter is towed away, to the fees prescribed in paragraph a of subsection 5 of section 11 of Schedule 1 including the installation and removal of the device, the execution, the services including those of the police service closest to the place where the immobilization took place, transportation, the bailiff’s hourly rate and the official report;
(c)  where the vehicle has been towed away immediately, to the fees prescribed in paragraph a of subsection 6 of section 11 of Schedule 1 including the installation and removal of the device, the execution, services including those of the police service closest to the place where the immobilization took place, transportation, the bailiff’s hourly rate and the official report.
O.C. 372-84, s. 1; O.C. 1414-91, s. 7.
11.2. For each public notice of sale provided for by article 594 of the Code of Civil Procedure (chapter C-25), the bailiff is entitled to the fees prescribed in section 16 of Schedule 1.
O.C. 372-84, s. 1; O.C. 2102-84, s. 2; O.C. 1414-91, s. 7.
12. (1)  For each notice of sale subsequent to the notice forming part of the minutes of seizure in execution or the notice of sale referred to in article 588 or 592.3 of the Code of Civil Procedure (chapter C-25), the bailiff is entitled to the fees prescribed for
(a)  drawing up;
(b)  service on the debtor;
(c)  service on the guardian if other than the debtor;
(d)  service on the holders of rights published in the register of personal and movable real rights of the certified copy of the bailiff’s minutes of seizure and of the notice of sale if the bailiff ascertains that rights have been granted by the debtor in the seized property;
(e)  transportation.
(2)  For the notice given to the first seizing officer that is provided for in the third paragraph of article 587 of the Code of Civil Procedure, the bailiff is entitled to the fees prescribed for:
(a)  drawing up;
(b)  service on the first seizing officer;
(c)  service on the serving bailiff;
(d)  transportation.
(3)  For the notice provided for in article 617 of the Code of Civil Procedure or the statement provided for in article 623 of the Code of Civil Procedure, the bailiff is entitled to the fees prescribed for:
(a)  drawing up;
(b)  service;
(c)  transportation.
(4)  For the prior notice provided for in article 565 of the Code of Civil Procedure, the bailiff is entitled to the fees prescribed for:
(a)  drawing up;
(b)  service;
(c)  transportation.
R.R.Q., 1981, c. H-4, r. 3, s. 12; O.C. 1414-91, s. 8; O.C. 15-2010, s. 1.
13. (1)  If, for the seizure of movable property, the bailiff proceeds with a judicial sale, he is entitled to the fees prescribed for:
(a)  sale;
(b)  (paragraph revoked);
(c)  transportation;
(d)  the opening of doors, if any;
(e)  the certificate of sale, if the property sold was charged with a hypothec.
(2)  If, for the seizure of immovable property, the bailiff proceeds with a judicial sale, he is entitled to the fees prescribed for:
(a)  sale;
(b)  transportation.
R.R.Q., 1981, c. H-4, r. 3, s. 13; O.C. 1414-91, s. 9; O.C. 915-99, s. 10.
14. (1)  If, for the seizure of movable property, the bailiff goes to the place of the sale and does not proceed with a judicial sale at the place, hour and date set in the notice of sale, he is entitled to the fees prescribed for:
(a)  the demand for payment or the minutes for steps taken or for absence;
(b)  transportation;
(c)  the opening of doors, if any.
(2)  If, for the seizure of immovable property, the bailiff goes to the place of the sale and does not proceed with a judicial sale at the place, hour and date set in the public notice, he is entitled to the fees prescribed for:
(a)  the demand for payment or the minutes for the steps taken;
(b)  transportation.
R.R.Q., 1981, c. H-4, r. 3, s. 14; O.C. 1414-91, s. 10.
15. For a sale at auction provided for in a statute, the bailiff is entitled to the fees prescribed in paragraph a of section 17 of Schedule 1 for Class 2.
R.R.Q., 1981, c. H-4, r. 3, s. 15; O.C. 1414-91, s. 11.
15.1. Where, in accordance with the law, the bailiff must draw up a scheme of collocation and apportion the proceeds of the sale, he is entitled to the fees provided for in section 19.1 of Schedule 1.
O.C. 915-99, s. 11.
16. Where several proceedings or other documents concerning different cases involving different applicants are served or executed simultaneously on the same person, the bailiff is entitled to the fees prescribed in this Tariff for each proceeding or document.
This Section applies only to acts performed after July 1, 1987. It does not apply to an act commenced before July 1, 1987, even if it was completed afterwards.
R.R.Q., 1981, c. H-4, r. 3, s. 16; O.C. 819-87, s. 2.
16.1. Except for transportation fees which may be charged for only one proceeding, case or document, the bailiff is entitled to the fees prescribed in this Tariff for each proceeding, case or document, where several proceedings or other documents concerning different cases involving the same applicant are drawn up, served or executed on the same trip on the same person.
Where the execution entrusted to the bailiff concerns a seizure and the bailiff ascertains that no property is seizable, he is nonetheless entitled to the fees prescribed in section 6 and in subsection 3 of section 11 of Schedule 1 up to a maximum of 2 cases, and to transportation fees for one case only.
O.C. 819-87, s. 2; O.C. 1414-91, s. 12.
16.2. Except for transportation fees which may be charged for only one case, the bailiff is entitled to the fees prescribed in paragraph b of section 8 of Schedule 1 for drawing up the minutes for absence or for steps taken for each different case up to a maximum of 2 cases, having the same applicant, during the same trip, in respect of the same person.
For the purposes of the first paragraph, the bailiff may not claim the fees prescribed by section 23 of Schedule 1.
O.C. 1414-91, s. 12.
17. Where several proceedings or documents concerning the same case are served or executed simultaneously on different persons, the bailiff is entitled to his transportation fees based on the shortest route to each place where a service or execution is made.
This Section applies only to acts performed after July 1, 1987. It does not apply to an act commenced before July 1, 1987, even if it was completed afterwards.
R.R.Q., 1981, c. H-4, r. 3, s. 17; O.C. 819-87, s. 2.
18. Where several proceedings or documents concerning the same case are served or executed simultaneously on the same person, the bailiff is entitled to his transportation fees for one proceeding or document only.
This Section applies only to acts performed after July 1, 1987. It does not apply to an act commenced before July 1, 1987, even if it was completed afterwards.
R.R.Q., 1981, c. H-4, r. 3, s. 18; O.C. 819-87, s. 2.
19. (1)  Where selection of domicile is authorized, the bailiff is not entitled to the fees prescribed for transportation in the case of a proceeding served on an advocate in his capacity as attorney.
(2)  Otherwise, the bailiff is entitled to the fees prescribed for transportation for distances exceeding 5 km.
R.R.Q., 1981, c. H-4, r. 3, s. 19.
20. Where the service or execution requires the bailiff to make several trips, the place, day and time of each trip must be recorded in the minutes of the bailiff.
R.R.Q., 1981, c. H-4, r. 3, s. 20.
21. To certify the copy of minutes of seizure and of a notice of sale or a scheme of collocation, in matters of seizure of movable property, where required by the law, the bailiff is entitled to the fee provided for in section 19.2 of Schedule 1.
O.C. 915-99, s. 12.
22. To certify the authenticity of the copy of the facsimile of a document sent by fax for the purposes of article 82.1 of the Code of Civil Procedure (chapter C-25), the bailiff is entitled to the fees in section 24 of Schedule 1.
O.C. 15-2010, s. 2.
SCHEDULE 1
(ss. 1, 3, 4, 5, 7, 7.2, 7.3, 11.1, 11.2, 15, 15.1, 16.1, 16.2, 21 and 22)
TARIFF OF FEES OF BAILIFFS
CHAPTER I
SERVICE
DIVISION I
SERVICE OF PROCEEDINGS
Class 1 Class 2

1. Service of a proceeding introducing a suit, stamped $8 $21
by the office of the competent court or bearing the seal
of the court, and opening the record, whether the
proceedings are commenced by writ, motion, joint factum
or any other deed introducing a suit.

2. Service of a subpoena, notice of hearing, notice of $8 $8
convocation or summons to a juror.

3. Service of a motion or judgment in a matter of $8
tutorship or curatorship, of an order of convocation, a
motion or judgment concerning the rectification of
registers of civil status or proceeding related to any
other non-contentious matter.

4. (Revoked).

5. Service of a proceeding on an advocate in his $8 $8
capacity as attorney.

6. Service of a proceeding related to a record opened $8 $8
by the proceeding introducing a suit and not specifically
provided for in this Tariff.
DIVISION II
SERVICE OF NOTICES, STEPS OR DOCUMENTS
7. Service of a notice, act or document not specifically $8 $8
provided for in this Tariff.
CHAPTER II
RETURNS
8. The drawing-up:

(a) in matters of service, of minutes for absence, for $6 $6
steps taken or for authorization to use a special mode
of service;

(b) in matters of execution, of minutes for absence, $12 $12
for steps taken or for authorization to use a special
mode of execution;

(c) the copy of a certificate of service intended for $6 $6
the registrar for registration in the land register.

9. The drawing-up:

(a) of an affidavit required to support minutes; $6 $6

(b) of a report following receipt of an opposition or $6 $6
notice to stay pursuant to a statute or court order.
CHAPTER III
EXECUTION
DIVISION I
EXECUTION ON A PERSON
10. The execution of a judgment or an order for $46 $72
the performance of any physical act to move a specific
person.

10.1 The acquisition of a warrant for entry in a $12 $12
dwelling.
DIVISION II
EXECUTION OF PROPERTY
§1. Seizure
11. (1) Demand for payment:

(a) not followed by seizure or sale of movable $36 $53
property;

(b) not followed by seizure or sale of immovable $23 $40
property.

(2) Seizure or verification. $46 $72

(3) Nulla bona report in respect of seizable $36 $53
property, including the demand for payment.

(4) Operations respecting the installation and removal
of a device used to immobilize a motor vehicle:

(a) for the execution of a first writ; $146 $146

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

(5) Operations respecting the immobilization and, not
less than 24 hours after that operation, the towing
away of a motor vehicle:

(a) for the execution of a first writ; $212 $212

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

(6) Operations respecting the immediate towing away of
a motor vehicle:

(a) for the execution of a first writ; $173 $173

(b) for any additional writ:

i. execution; $46 $46

ii. service. $8 $8

12. (1) The removal of property seized. $10 $20

(2) The opening of doors with or without the $10 $20
removal of property seized.

(3) The placing under lock and key with or without $10 $20
the opening of doors.

(4) the acquisition by the registrar of a certified $29 $29
statement of the rights granted by the debtor and
registered in the register of personal and movable
real rights.

13. (1) Receipt of security upon seizure and deposit $10 $20
with the court.

(2) The application for the appointment of a new $10 $20
guardian provided for in the second paragraph
of article 587 of the Code of Civil Procedure
(chapter C-25).

14. Drawing-up:

(a) of each notice of sale subsequent to the notice $7 $9
forming part of the minutes of seizure in execution or
the notice of sale referred to in article 588 or 592.3
of the Code of Civil Procedure;

(b) of a notice to the first seizing officer provided $7 $9
for in the third paragraph of article 587 of the Code of
Civil Procedure;

(c) of a notice provided for in article 617 of the $7 $9
Code of Civil Procedure or of an attestation provided
for in article 623 of the Code of Civil Procedure;

(d) of a prior notice under article 565 of the Code $7 $9
of Procedure.
§2. Writ possession and sequestration
15. (1) Execution of a writ of possession. $67 $67

(2) Execution of a sequestration of a movable $67 $67
or immovable.

(3) (Paragraph revoked).
§3. Evidence
15.1 For the taking of an official report. $79 $79
CHAPTER IV
SALE
16. The drawing up of public notices to be published in $10 $10
newspapers or to be posted in accordance with the law,
including deposit with the sheriff but excluding
transportation.

17. Judicial sale:

(a) movable, including the demand for payment; $46 $79

(b) immovable, including the demand for payment. $86 $86

17.1 The certificate of sale, where the property sold $23 $23
was charged with a hypothec.

18. Fee to the Société de l’assurance automobile du $18 $18
Québec to issue a new registration certificate including
transportation where the distance between the place of
sale and the Société is less than 8 km.
CHAPTER V
MISCELLANEOUS
19. Cash bids including service. $33 $60

19.1 Drawing up of a scheme of collocation. $46 $46

Apportioning of the proceeds of the sale. $23 $23

19.2 Certification of the authenticity of copy of $3 $3
the minutes of seizure and of a notice of sale
or a scheme of collocation.

20. (a) Transportation fees per kilometre travelled; $0,63/km $0,63/km

(b) Transportation expenses are set at $0.86 per
kilometer.

Those expenses are modified each time that the
compensation provided for in subparagraph b of
paragraph 1 of section 11 of the Directive concernant
les frais de déplacement des personnes engagées à
honoraires par des organismes publics (C.T. 212379
dated 26 March 2013) is modified. The transportation
expenses are then increased or reduced, as the case
may be, by an amount equal to twice the difference
between the new amount of compensation and the previous
amount.

The Minister of Justice is to publish the amount of the
modified expenses in Part 1 of the Gazette officielle du
Québec
and may ensure wider publicity by any other means.

21. The bailiff’s witness where required by law. $14 $14
per hour per hour
22. (Revoked).

23. (1) In the cases specified in Chapter II $58 $58
and IV, the bailiff is entitled to the fees per hour per hour
prescribed for the tariff per hour, starting from
the second hour, and each fraction of an additional
hour is calculated in proportion to the complete hour.

(2) In the cases specified in Chapter I, where the $58 $58
delays for prescription, the distance or circumstances per hour per hour
require, the bailiff is entitled to the fees
prescribed for the tariff per hour, starting from the
second half-hour of waiting but not exceeding the charge
for an hour and a half, and each fraction of an hour is
calculated in proportion to the complete hour.

24. Certification of the authenticity of the copy $10 $10
of the facsimile of a document sent by fax.
R.R.Q., 1981, c. H-4, r. 3, Sch. 1; O.C. 572-82, s. 1; O.C. 1895-82, s. 3; O.C. 372-84, s. 2; O.C. 819-87, s. 3; O.C. 110-90, s. 2; O.C. 1414-91, ss. 13 to 34; O.C. 915-99, ss. 13 to 38; O.C. 693-2003, s. 1; O.C. 937-2004, s. 1; O.C. 15-2010, ss. 3 and 4; O.C. 570-2014, s. 2.
This Schedule applies only to acts performed after 1 July 1987. It does not apply to an act commenced before 1 July 1987, even if it was completed afterwards.
REFERENCES
R.R.Q., 1981, c. H-4, r. 3
O.C. 572-82, 1982 G.O. 2, 925; suppl. 733
O.C. 1895-82, 1982 G.O. 2, 2737
O.C. 372-84, 1984 G.O. 2, 1099
O.C. 2102-84, 1984 G.O. 2, 3478
O.C. 819-87, 1987 G.O. 2, 1751
O.C. 110-90, 1990 G.O. 2, 449
O.C. 1414-91, 1991 G.O. 2, 4066
S.Q. 1995, c. 41, s. 37
O.C. 915-99, 1999 G.O. 2, 2818
O.C. 46-2000, 2000 G.O. 2, 660
O.C. 693-2003, 2003 G.O. 2, 2149
O.C. 937-2004, 2004 G.O. 2, 2951
O.C. 15-2010, 2010 G.O. 2, 466
O.C. 570-2014, 2014 G.O. 2, 1399