T-16, r. 9 - Tariff of Court Costs in Civil Matters and Court Office Fees

Full text
chapter T-16, r. 9
Tariff of Court Costs in Civil Matters and Court Office Fees
COURTS OF JUSTICE — CIVIL MATTERS — TARIFF
Civil Code of Québec
(Civil Code, art. 376).
CCQ-1991
Code of Civil Procedure
(chapter C-25, art. 659.10).
C-25
Courts of Justice Act
(chapter T-16, s. 224).
T-16
January 1 2016
Replaced, O.C. 1094-2015, 2015 G.O. 2, 3332; eff. 2016-01-01; see c. T-16, r. 10.
1. For the purposes of this Tariff, applications are classed as follows:
(1)  Class I: applications in which the value of the right in dispute is from $0.01 to $999.99 inclusively;
(2)  Class II: applications in which the value of the right in dispute is from $1,000 to $9,999.99 inclusively;
(3)  Class III: applications in which the value of the right in dispute is from $10,000 to $99,999.99 inclusively;
(4)  Class IV: applications in which the value of the right in dispute is from $100,000 to $999,999.99 inclusively;
(5)  Class V: applications in which the value of the right in dispute is $1,000,000 or more;
(6)  Class VI: applications for separation as to bed and board, for divorce or for dissolution of a civil union.
O.C. 256-95, s. 1; O.C. 1509-2002, s. 1.
2. Any application in which the value of the right in dispute is undetermined is included in Class II.
Notwithstanding the foregoing, motions for forced surrender and recourses governed by articles 834.1 to 846 of the Code of Civil Procedure (chapter C-25) are included in Class III. The same applies to injunctions, whether or not they are accompanied by other conclusions.
O.C. 256-95, s. 2; O.C. 1509-2002, s. 2.
3. The value of the principal right claimed determines the class of the application.
O.C. 256-95, s. 3.
4. This Tariff groups proceedings into three stages and the following fees are payable for such proceedings:
(1)  Stage I: Proceedings introductive of suit and similar proceedings:
(a)  for actions and applications introductive of suit governed by Book II of the Code of Civil Procedure (chapter C-25), except the applications referred to in section 6, or for the issue of the first writ and for an opposition or an intervention, one of the amounts fixed in the following table, according to the class of the action or application and according to whether the amount is payable by a natural person or a legal person:


Class of Action or Natural Person Legal Person
Application



Class I $63.25 $74


Class II $125 $145


Class III $232 $283


Class IV $374 $444


Class V $740 $884


Class VI $178 N/A

(b)  for a cross demand, $106 or, where the amoun is payable by a legal person, $132, for any class of action or application; and
(c)  for any proceeding introductive of suit or any proceeding in non-contentious matters not specified in this Tariff, $54.75 or, where the amount is payable by a legal person, $63.25, for any class of action or application.
(2)  Stage II: Appearance and any similar proceeding:
for a written appearance or any proceeding of a like nature and for the revocation of a judgment or an opposition by a third party, one of the amounts fixed in the following table, according to the class of the action or application and according to whether the amount is payable by a natural person or a legal person:


Class of Action or Natural Person Legal Person
Application



Class I $34.25 $49.50


Class II $63.25 $74


Class III $122 $145


Class IV $188 $225


Class V $374 $444


Class VI $97.75 N/A

(3)  Stage III: Execution:
one of the amounts fixed in the following table, according to the class of the action or application and according to whether the amount is payable by a natural person or a legal person:


Class of Action or Natural Person Legal Person
Application



Class I $54.75 $63.25


Class II $97.75 $119


Class III $180 $213


Class IV $281 $333


Class V $555 $668


Class VI $132 N/A

The value of the right that the opposition referred to in subparagraph a of subparagraph 1 of the first paragraph is intended to protect determines the class if that value is stated in the opposition or in the affidavit in support thereof; otherwise, the amount set by the judgment determines the class of the proceeding.
In cases referred to in subparagraph 3 of the first paragraph, the class is determined according to the value of the obligation in respect of which application has been made for compulsory execution.
Except for a written appearance or any proceeding of the same nature, in which case the costs are payable by every party who files a first such proceeding, the costs are payable only for the filing of the first proceeding included in a stage mentioned in this section. No costs, however, are payable by the applicant party for the filing of a written appearance or a proceeding of the same nature.
Despite subparagraph a of subparagraph 1 of the first paragraph, no costs are payable for an application to cause a person to undergo a psychiatric examination where the person refuses to submit to such examination or for a person to be kept against his or her will by an institution covered by the laws respecting health services and social services.
O.C. 256-95, s. 4; O.C. 1509-2002, s. 3; O.C. 1273-2003, s. 1.
5. (Revoked).
O.C. 256-95, s. 5; O.C. 1509-2002, s. 4.
6. Costs of $130 are payable for any application for review of accessory measures ordered by a judgment granting a separation as to bed and board, a divorce, the dissolution of a civil union or nullity of a marriage or civil union as well as any application introductive of suit relating to child custody or support obligations or for any application for review of a judgment concerning child custody or support obligations.
O.C. 256-95, s. 6; O.C. 916-2002, s. 1; O.C. 1509-2002, s. 5.
7. Costs of $35.50 or, in the case of a legal person, $52.50 are payable for costs taxed by the clerk, upon presentation of a bill of costs by the party entitled thereto.
O.C. 256-95, s. 7; O.C. 1509-2002, s. 6.
8. In matters concerning immovables, the following costs are payable:
(1)  for the performance of the sheriff’s duties from receipt of the record until the sale, $159 or, where the amount is payable by a legal person, $186, for any class of action or application;
(2)  for the performance of the clerk’s duties from receipt of the record until the judgment of homologation inclusively, one of the amounts fixed in the following table, determined according to the class of the action or application and according to whether the amount is payable by a natural person or a legal person:


Class of Action or Natural Person Legal Person
Application



Class I $159 $186


Class II $224 $271


Class III $290 $350


Class IV $465 $553


Class V $917 $1,101


Class VI $268 N/A

(3)  in the case of a contestation of a scheme of collocation, one of the amounts fixed in the following table, determined according to the class of the action or application and according to whether the amount is payable by a natural person or a legal person:


Class of Action or Natural Person Legal Person
Application



Class I $34.25 $49.50


Class II $63.25 $74


Class III $125 $145


Class IV $188 $225


Class V $374 $444


Class VI $97.75 N/A

Payment of costs prescribed in subparagraph 2 of the first paragraph entitles each interested party to obtain a copy of the judgment of homologation.
In the case referred to in subparagraph 2 of the first paragraph, the class of the action or application is determined according to the selling price.
In the case referred to in subparagraph 3 of the first paragraph, the class of the action or application is determined according to the amount claimed by the contesting party.
O.C. 256-95, s. 8; O.C. 1509-2002, s. 7; .
9. Subparagraph 3 of the first paragraph of section 8 and the fourth paragraph of that section apply, with the necessary modifications, to a contestation of a scheme of collocation in respect of movable property.
O.C. 256-95, s. 9.
10. For any judgment of distribution, a fee shall be collected equal to 3% of the aggregate of the amounts levied or deposited.
O.C. 256-95, s. 10.
11. For a claim to a seizure by garnishment or to a voluntary deposit under articles 652 to 659 of the Code of Civil Procedure (chapter C-25), the costs are $34.25 or, where the claim is submitted by a legal person, $49.50. Those costs are the only costs payable until the claim is fully satisfied.
O.C. 256-95, s. 11; O.C. 1509-2002, s. 8.
12. Sections 4, 7, 8, 9, 11, 19 and 20, as the case may be, do not apply to proceedings instituted by the collector of support payments or of a sum recoverable under the Code of Penal Procedure (chapter C-25.1) or to proceedings instituted by a clerk acting as seizing officer following a judgment ordering a collective recovery or a judgment rendered under the authority of Book VIII of the Code of Civil Procedure (chapter C-25).
O.C. 256-95, s. 12.
13. Where an amount of money is deposited, the following costs are payable:
(1)  if the amount is $10,000, or less, 3.8% thereof;
(2)  if the amount is more than $10,000, 3.8% of the first $10,000 thereof and 0.3% of the amount in excess of $10,000.
This section also applies where the object of the deposit is a security rather than an amount of money and in such case, the fees shall be calculated on the basis of the value declared by the depositor in the proceeding or other document in which he states that he is depositing the security.
This section also applies where a person furnishes security. In such case, the costs shall be calculated on the basis of the amount of security that must be furnished.
Notwithstanding the foregoing, this section does not apply to amounts deposited following a seizure by garnishment or a voluntary deposit or to the amounts referred to in section 10.
O.C. 256-95, s. 13.
14. In matters concerning tutorship to minors, the following costs are payable:
(1)  for the presentation of a motion for the clerk to call a meeting of relatives, persons connected by marriage or a civil union, or friends for the purpose of establishing a tutorship council or for the presentation of a motion for the homologation of the minutes of such a meeting where it was presided over by a notary: $106;
(2)  for the presentation of any other motion: $106.
O.C. 256-95, s. 14; O.C. 1509-2002, s. 9.
15. In matters concerning protective supervision of persons of full age, the following costs are payable:
(1)  for the presentation of a motion for the institution or review of protective supervision: $208;
(2)  for the presentation of a motion for the clerk to call a meeting of relatives, persons connected by marriage or a civil union, or friends for the purpose of establishing a tutorship council or for the presentation of a motion solely for the homologation of the minutes of such a meeting where it was presided over by a notary: $106;
(3)  for the presentation of any other motion: $106.
O.C. 256-95, s. 15; O.C. 1509-2002, s. 10.
16. In matters concerning a mandate in anticipation of incapacity, the following costs are payable:
(1)  for the presentation of a motion for the homologation or for the revocation of a mandate: $119;
(2)  for the presentation of any other motion: $106.
O.C. 256-95, s. 16; O.C. 1509-2002, s. 11.
17. Costs of $106 or, in the case of a legal person, $119 are payable for the presentation of a motion for probating a will or for obtaining letters of verification.
O.C. 256-95, s. 17; O.C. 1509-2002, s. 12.
18. Costs of $73 are payable by a debtor of support payments awarded by a judgment for every application for suspension of execution of a seizure by garnishment of salary or wages that he presents to the clerk in accordance with article 659.5 of the Code of Civil Procedure (chapter C-25).
O.C. 256-95, s. 18; O.C. 1509-2002, s. 13.
19. The following costs are payable for an appeal to the Court of Appeal:
(1)  for the filing of the inscription or any similar proceeding at the office of the Court of Appeal or the court of first instance, as the case may be, examination and preparation of the record and transmission of the file to the Court of Appeal, one of the following amounts:
(a)  for a final judgment, $324 or, where the amount is payable by a legal person, $392;
(b)  for an interlocutory judgment, $232 or, where the amount is payable by a legal person, $283.
(2)  for an appearance before the Court of Appeal, $159 or, where the amount is payable by a legal person, $186.
O.C. 256-95, s. 19; O.C. 1509-2002, s. 14.
20. The following costs are payable for an appeal to the Superior Court or to the Court of Québec where one of those courts has appellate jurisdiction:
(1)  for the filing of an inscription or any similar proceeding at the office of the court having jurisdiction to hear the appeal or of the court of first instance, as the case may be, $54.75 or, where the amount is payable by a legal person, $63.25;
(2)  for the contestation of an inscription in appeal or of any proceeding similar, $34.25 or, where the amount is payable by a legal person, $49.50.
O.C. 256-95, s. 20; O.C. 1509-2002, s. 15.
21. The costs prescribed in sections 19 and 20 are the only amounts payable until taxation of the bill of costs exclusively.
O.C. 256-95, s. 21.
22. Payment of the amounts prescribed in sections 1 to 21 may be made in a district other than that in which the action or motion was instituted or presented or is to be instituted or presented.
O.C. 256-95, s. 22.
23. The following court office fees are payable:
(1)  for the registration or filing of a document where such procedure is required by a statute or a regulation and where that statute or regulation does not fix the fee payable for that procedure, $54.75;
(2)  for a copy of any document not covered by subparagraph 3, $3.20 per page;
(3)  for any copy of, extract from or annex to a notarial deed filed with the clerk of the Superior Court under the Notarial Act (chapter N-2), $20.40 and, where applicable, $4.30 per page for the sixth page and any subsequent pages.
Subparagraph 1 of the first paragraph does not apply where the registration or filing of a document is required for purposes of execution under the Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)), the Act respecting reciprocal enforcement of maintenance orders (chapter E-19) or the Act respecting the Régie du logement (chapter R-8.1). Subparagraph 1 of the first paragraph does not apply either where the registration or filing of a recalculation notice is required for the purposes of the Act to promote access to justice through the establishment of the Service administratif de rajustement des pensions alimentaires pour enfants (chapter A-2.02).
Subparagraph 2 of the first paragraph does not apply to the first copy of a judgment requested by each of the parties.
Subparagraph 2 of the first paragraph does not apply to copies of a judgment embodying a maintenance order.
O.C. 256-95, s. 23; O.C. 1509-2002, s. 16; O.C. 147-2014, s. 1.
24. The fee payable for the solemnization of a civil marriage or civil union is $268, to which is added a fee of $89 when the marriage or civil union is solemnized at a place other than the courthouse.
That fee is payable before the publication of the marriage by means of a notice or at the time when the dispensation from publication is granted.
O.C. 256-95, s. 24; O.C. 1509-2002, s. 17.
25. This Tariff applies to the State and its bodies.
O.C. 256-95, s. 25.
26. (Revoked).
O.C. 256-95, s. 26; O.C. 1161-2012, s. 1.
27. (Revoked).
O.C. 256-95, s. 27; O.C. 1161-2012, s. 1.
28. (Revoked).
O.C. 256-95, s. 28; O.C. 1161-2012, s. 1.
29. This Tariff replaces the Tariff of Court Fees in Civil Matters and of Court Office Fees (O.C. 738-86, 86-05-28).
O.C. 256-95, s. 29.
30. (Omitted).
REFERENCES
O.C. 256-95, 1995 G.O. 2, 918
O.C. 916-2002, 2002 G.O. 2, 4551
O.C. 1509-2002, 2002 G.O. 2, 6608
O.C. 1273-2003, 2003 G.O. 2, 3551
O.C. 1161-2012, 2012 G.O. 2, 3455
O.C. 147-2014, 2014 G.O. 2, 577