c-25, r. 16 - Tariff of Court Fees applicable to the Recovery of Small Claims

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Updated to 1 September 2012
This document has official status.
chapter C-25, r. 16
Tariff of Court Fees applicable to the Recovery of Small Claims
Code of Civil Procedure
(chapter C-25, art. 997).
The fees prescribed in the Regulation have been indexed as of 1 January 2012 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 11 February 2012, page 233. (ss. 2, 3, 4, 5, 6, 7)
1. This Tariff fixes the amount of the court fees referred to in article 996 of the Code of Civil Procedure (chapter C-25).
O.C. 1510-2002, s. 1.
2. The amount of court fees to be sent or deposited by the creditor of a small claim with the proceeding introductive of suit is fixed in the following table, determined according to the amount of the claim and according to whether the costs are payable by a natural person or a legal person.


Costs for the proceeding
introductive of suit



Natural person Legal person


$0.01 to $999.99 $71.75 $121.00


$1,000 to $2,999.99 $103.00 $152.00


$3,000 to $4,999.99 $132.00 $181.00


$5,000 to $7,000 $163.00 $213.00

O.C. 1510-2002, s. 2.
3. The amount of court fees to be sent or deposited by the debtor of a small claim with the contestation is fixed in the following table, determined according to the amount of the claim and according to whether the costs are payable by a natural person or a legal person.


Costs for the contestation


Natural person Legal person


$0.01 to $999.99 $60.50 $108.00


$1,000 to $2,999.99 $91.25 $140.00


$3,000 to $4,999.99 $121.00 $169.00


$5,000 to $7,000 $152.00 $199.00

O.C. 1510-2002, s. 3.
4. The amount of court fees to be sent or deposited by the debtor of a small claim with a cross demand is fixed in the following table, determined according to the amount of the claim and according to whether the costs are payable by a natural person or a legal person.


Cross demand


Natural person Legal person


$0.01 to $999.99 $60.50 $71.75


$1,000 to $2,999.99 $65.75 $79.00


$3,000 to $4,999.99 $71.75 $85.25


$5,000 to $7,000 $79.00 $91.25

O.C. 1510-2002, s. 4.
5. The amount of court fees to be sent or deposited by a party with the application for revocation of a judgment is fixed in the following table, determined according to the amount of the claim and according to whether the costs are payable by a natural person or a legal person.


Revocation of a judgment


Natural person Legal person


$0.01 to $999.99 $60.50 $71.75


$1,000 to $2,999.99 $65.75 $79.00


$3,000 to $4,999.99 $71.75 $85.25


$5,000 to $7,000 $79.00 $91.25

O.C. 1510-2002, s. 5.
6. The amount of court fees to be paid by the judgment debtor as costs of execution, in addition to the bailiff’s fees, is fixed in the following table, determined according to the amount of the claim and according to whether the costs are payable by a natural person or a legal person.


Issue of the writ of
execution by the clerk


Natural person Legal person


$0.01 to $999.99 $60.50 $91.25


$1,000 to $2,999.99 $85.25 $115.00


$3,000 to $4,999.99 $108.00 $140.00


$5,000 to $7,000 $132.00 $152.00

The costs are payable only for the issue of the first writ of execution.
O.C. 1510-2002, s. 6; O.C. 210-2004, s. 1.
7. The amount of court fees to be paid by a party as costs of opposition to a seizure is fixed in the following table, determined according to the value of the right that the opposition is intended to protect, which value is fixed in the notice of opposition, if not, the value of that proceeding is determined by the amount fixed in the judgment. In addition, those costs vary according to whether they are payable by a natural person or a legal person.


Opposition


Natural person Legal person


$0.01 to $999.99 $65.75 $71.75


$1,000 to $2,999.99 $71.75 $79.00


$3,000 to $4,999.99 $79.00 $85.25


$5,000 to $7,000 $91.25 $91.25

O.C. 1510-2002, s. 7.
8. The amounts of court fees prescribed in this Tariff shall be indexed on 1 April of each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the twelve-month period ending on 31 December of the year preceding the indexing, as determined by Statistics Canada.
The amounts indexed 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 of the indexing calculated under this section through Part 1 of the Gazette officielle du Québec and, if the Minister considers it appropriate, by any other means.
O.C. 1510-2002, s. 8.
9. The amounts of court fees fixed in this Tariff apply to proceedings filed or issued from 1 January 2003, including matters commenced before that date.
The amounts of court fees fixed thereafter on 1 April of each year apply to proceedings filed or issued from that date, including matters commenced before that date.
O.C. 1510-2002, s. 9.
10. This Tariff applies to the Government, its departments and its bodies or agencies.
O.C. 1510-2002, s. 10.
11. This Tariff replaces the Tariff of legal costs applicable to the recovery of small claims (O.C. 1015-93, 93-07-14).
O.C. 1510-2002, s. 11.
12. (Omitted).
O.C. 1510-2002, s. 12.
REFERENCES
O.C. 1510-2002, 2002 G.O. 2, 6611
O.C. 210-2004, 2004 G.O. 2, 1147