C-25.1, r. 3 - Regulation respecting certain court costs in penal matters applicable to persons under 18 years of age

Updated to 23 February 2013

This document has official status.

chapter C-25.1, r. 3

Regulation respecting certain court costs in penal matters applicable to persons under 18 years of age

Code of Penal Procedure

(chapter C-25.1, arts. 261 and 367, pars. 2, 3, 4, 8 to 11, 13 and 14).

The amounts prescribed in the Regulation have been indexed and rounded as of 1 January 2013 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 23 February 2013, page 265. (ss. 2, 3, 4, 5, 6, 8, 9, 10, 11)

1. This Regulation applies to persons under 18 years of age.

O.C. 40-94, s. 1.

2. The court fees payable are:

(1)  for the presentation of an application accompanied by prior notice:

(a)  in first instance: $8;

(b)  in the Superior Court: $8;

(c)  in the Court of Appeal: $8;

(2)  for an act of security: $11;

(3)  for the filing of a notice of appeal with the office of the Superior Court: $11;

(4)  for the preparation and sending of a file to the Superior Court or to the Court of Appeal: $21;

(5)  for the presentation of an application for leave to appeal or upon appeal pleno jure to the Court of Appeal: $99;

(6)  for the sending of a plea of guilty or the sending of the total amount of the fine and costs without a plea:

(a)  where the fine requested is equal to or less than $10: $5;

(b)  where the fine requested is greater than $10 but less than $50: $12;

(c)  where the fine requested is equal to or greater than $50 without exceeding $100: $19;

(7)  for the amount of supplementary costs payable by a defendant who, having entered a plea of not guilty, amends it before the trial, either to enter a plea of guilty or to pay the total amount of the fine and costs requested in the statement of offence: $12.

O.C. 40-94, s. 2; O.C. 1283-96, s. 1.

3. The costs that may be awarded against a party in first instance or in appeal are:

(1)  for a judgment of guilty rendered by default:

(a)  where the fine requested is equal to or less than $10: $22;

(b)  where the fine requested is greater than $10 but less than $50: $29;

(c)  where the fine requested is equal to or greater than $50 without exceeding $100: $35;

(2)  for a judgment of guilty rendered during the contested trial or for the contestation of the greater sentence requested:

(a)  where the fine requested is equal to or less than $10: $34;

(b)  where the fine requested is greater than $10 but less than $50: $56;

(c)  where the fine requested is equal to or greater than $50 without exceeding $100: $62;

(3)  for a preliminary application granted or dismissed, presented after the party was notified of the date fixed for the trial, in addition to the costs provided for in a tariff of court costs for the summons and travel expenses of witnesses: $13;

(4)  for the dismissal of a preliminary application that is delaying or clearly unfounded, in addition to the costs provided for in a tariff of court costs for the summons and travel expenses of witnesses: $27;

(5)  for the summons as a witness of the person whose statement of offence or offence report may stand in lieu of testimony, in addition to the costs provided for in a tariff of court costs for the summons and travel expenses of that witness: $16;

(6)  for service by bailiff, by peace officer or by a person authorized by law, of any document other than a statement of offence, half the tariff provided for in the Tariff of fees and transportation expenses of bailiffs (chapter H-4.1, r. 14);

(7)  for another method of serving a document other than a statement of offence: $5;

(8)  for an adjournment granted at the party’s request: $11;

(9)  for abusive or clearly unfounded proceedings in addition to the costs provided for in a tariff of court costs and borne by the defendant: $141;

(10)  for the dismissal by the Superior Court of an application to declare an appeal frivolous or clearly unfounded: $27;

(11)  for the dismissal by the Superior Court of an appeal that is frivolous or clearly unfounded: $72;

(12)  for any dismissal of an appeal: $27;

(13)  for the dismissal of an application for an appeal in the form of a new trial: $27;

(14)  for the dismissal of an application for leave to appeal in the Court of Appeal: $27;

(15)  half the court fees payable and paid by the adverse party under paragraphs 1 to 6 of section 1 of the Tariff of court costs in penal matters (chapter C-25.1, r. 6);

(16)  half the allowance payable to a witness, as determined under section 6 of the Tariff of court costs in penal matters;

(17)  half the fees for taking down and transcribing depositions of witnesses, as determined under section 12.

O.C. 40-94, s. 3; O.C. 1283-96, s. 2.

4. The fees exigible for the issue of a copy of a thing seized or of a document are:

(1)  for each page: $1;

(2)  for a magnetic or video tape or another thing that cannot be photocopied, the actual cost.

O.C. 40-94, s. 4.

5. The costs that may be awarded against a defaulting witness are: $32.

O.C. 40-94, s. 5.

6. The costs for the dismissal of an application for rectification of judgment are: $10.

O.C. 40-94, s. 6.

7. The minimum amount of the costs payable upon an order to reduce costs is the amount of the costs provided for in paragraph 6 of section 2.

O.C. 40-94, s. 7; O.C. 1283-96, s. 3.

8. The costs for the dismissal of an application for reduction of costs are: $10.

O.C. 40-94, s. 8.

9. The costs for the dismissal of an application for revocation of a judgment or, where the application is granted, the costs determined at the time of the judgment on the proceedings are: $10.

O.C. 40-94, s. 9.

10. The costs for the dismissal of an application for an extraordinary remedy or habeas corpus proceedings or, where the application is granted, the costs determined at the time of the judgment on the proceedings are: $85.

O.C. 40-94, s. 10.

11. The costs of execution of the judgment that may be awarded against a party are:

(1)  the additional amount of costs anticipated, in addition to the costs provided for in paragraph 6 of section 2, where the defendant sends a plea of guilty without the total of the fine and costs requested: $3;

(2)  for a notice of judgment sent for payment of a sum due: $8;

(3)  for a notice of non-payment of a sum due sent to the Société de l’assurance automobile du Québec: $13;

(4)  for the issue of a writ of seizure: $13;

(5)  for the issue of a warrant of arrest: $13;

(6)  for an order rendered at the request of the collector to obtain information concerning the residence or workplace of a defendant who owes a sum of money: $13;

(7)  for the issue of a warrant of committal: $13;

(8)  for the service, by mail, of a writ of seizure by garnishment: $5;

(9)  for the execution of any writ, half the tariff provided for in the Tariff of fees and transportation expenses of bailiffs (chapter H-4.1, r. 14);

(10)  for the execution of a warrant of arrest or of a warrant of committal:

(a)  where the warrant is executed by a peace officer: $21;

(b)  where the warrant is executed by a bailiff, half the tariff provided for in the Tariff of fees and transportation expenses of bailiffs;

(11)  for any payment with a cheque not honoured by the institution on which it is drawn, half the fee provided for in section 12.2 of the Tax Administration Act (chapter A-6.002).

O.C. 40-94, s. 11; O.C. 1283-96, s. 4.

12. The fees for taking down and transcribing depositions of witnesses shall be determined in accordance with the Tariff of fees for the recording and transcription of depositions of witnesses (chapter S-33, r. 1).

O.C. 40-94, s. 12; O.C. 239-2006, s. 1.

13. The costs and fees provided for in this Regulation are adjusted on 1 January of each year based on the same rate as the rate resulting from the application of section 83.3 of the Financial Administration Act (chapter A-6.001).

The costs and fees thus adjusted are reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they are increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

Where the costs and fees are reduced to the nearest dollar, the dollar fraction less than $0.50 by which the costs and fees are reduced is deferred until it can form, in a later adjustment, a dollar fraction equal to or greater than $0.50 with one or several other fractions less than $0.50.

The Minister of Justice is to inform the public of the adjustment under this section through the Gazette officielle du Québec or by such other means as the Minister considers appropriate.

O.C. 40-94, s. 13; O.C. 1283-96, s. 5; O.C. 1164-2012, s. 1.

14. The total amount of the costs and fees payable by a person under 18 years of age shall not exceed $100.

O.C. 40-94, s. 14; O.C. 1283-96, s. 6.

15. (Omitted).

O.C. 40-94, s. 15.

REFERENCES

O.C. 40-94, 1994 G.O. 2, 657

O.C. 1283-96, 1996 G.O. 2, 4307

O.C. 239-2006, 2006 G.O. 2, 1234

S.Q. 2010, c. 31, s. 91

O.C. 1164-2012, 2012 G.O. 2, 3458