C-25.01, r. 0.6 - Regulation respecting the mediation of small claims

Updated to 23 April 2022

This document has official status.

chapter C-25.01, r. 0.6

Regulation respecting the mediation of small claims

Code of Civil Procedure

(chapter C-25.01, art. 570).

The fees prescribed in the Regulation have been indexed and rounded pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 23 April 2022, page 291. (ss. 13, 13.1) (Effect from 1 April 2022)

The former alphanumerical designation of this Regulation was: chapter C-25, r. 8.

DIVISION I CONDITIONS FOR CERTIFICATION

1. Advocates or notaries who wish to act as mediators in actions involving small claims must obtain an attestation of mediator certification from their professional order.

To be certified as a mediator, an advocate or notary must have completed a minimum of 16 hours of mediation training provided under the responsibility of the professional order and that pertains to

(1)  modes of alternative dispute resolution;

(2)  principled negotiation;

(3)  the mediation process;

(4)  helping parties to reach an agreement; and

(5)  the preparation of draft agreements.

O.C. 972-2003, s. 1.

2. Advocates and notaries certified as mediators by their professional order on 16 October 2003 are deemed to have received the training required under section 1.

O.C. 972-2003, s. 2.

3. Certified mediators shall ask their professional order to forward the following information to the Minister of Justice without delay:

(1)  the mediator’s name;

(2)  the address of the mediator’s professional domicile and, where applicable, identification of the borough in which the mediator’s professional domicile is located;

(3)  the name of the judicial district or judicial districts in which the mediator practises;

(4)  the mediator’s telephone numbers and, where applicable, fax number;

(5)  the mediator’s e-mail address, where applicable;

(6)  the mediator’s membership number;

(7)  the date of the mediator’s certification; and

(8)  the mediator’s interest in distance mediation using a technological means.

O.C. 972-2003, s. 3; O.C. 586-2021, s. 1.

DIVISION II DUTIES AND OBLIGATIONS

4. A mediation mandate is given to only one mediator in an individual capacity per dispute and the mediator may under no circumstances transfer the mandate to another mediator.

In the case of an impediment, the mediator must inform the mediation service who shall designate another mediator.

O.C. 972-2003, s. 4; O.C. 586-2021, s. 2.

5. A mediator must hold a mediation session or mediation sessions within 45 days after the date on which the mandate was received from the mediation service.

The mediator must communicate with the parties so they may agree on a date and time for the mediation session within 15 days after the date on which the mandate was received.

The mediation session shall be held at the place determined by the mediator or at a distance using a technological means.

O.C. 972-2003, s. 5; O.C. 586-2021, s. 3.

6. A mediator must at all times act impartially in the performance of the functions of mediator. The mediator must inform the mediation service or, where applicable, the parties, of any cause for recusation.

O.C. 972-2003, s. 6; O.C. 586-2021, s. 4.

7. In the absence of either or both of the parties, the mediator must cancel the session.

Where a mediation session is cancelled because of the absence of either or both of the parties, the mediator must file a report with the office of the court stating that the session could not be held for that reason, and the parties are foreclosed from requesting a new mediation session.

O.C. 972-2003, s. 7; O.C. 586-2021, s. 5.

8. During the mediation session, the mediator shall examine the claim and supporting documents. The mediator shall inquire about each party’s allegations and arguments, provide them with any relevant information, generate alternative solutions to their situation and propose solutions where required. The mediator must create an atmosphere conducive to the amicable settlement of the conflict.

O.C. 972-2003, s. 8.

9. If the mediation ends the dispute, the mediator shall forward to the office of the Court of Québec a document signed by the parties confirming that the mediation session or sessions were held and the bill indicating the fees under section 13, and inform the parties of their obligation to file with the office of the court either a copy of the agreement or the notice referred to in the third paragraph of article 556 of the Code of Civil Procedure (chapter C-25.01).

If the mediation does not end the dispute, the mediator must file the report referred to in the second paragraph of article 556 of the Code with the office of the Court of Québec and the bill indicating the fees under section 13.

The documents referred to in the first and second paragraphs must be filed within 30 days after the mediation.

O.C. 972-2003, s. 9; I.N. 2016-01-01 (NCCP); O.C. 586-2021, s. 6.

10. If the mediator does not comply with the provisions of this Regulation, the clerk may terminate the mediator’s mandate. Before doing so, the clerk shall notify the mediator in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the mediator at least 10 days to present observations.

If the mandate is terminated, the clerk must inform the parties and the mediator and the mediation service must designate another mediator.

O.C. 972-2003, s. 10; O.C. 586-2021, s. 7.

11. On being notified by the professional order which certified a mediator that the mediator has, pursuant to the Professional Code (chapter C-26), been temporarily or permanently struck off the roll, had his or her permit revoked or the right to carry on professional activities restricted or suspended, the clerk must take notice of that fact and, if the mediator has been given a mandate, inform the parties and designate another mediator.

O.C. 972-2003, s. 11.

12. Mediators who cease performing mediation functions or practising their profession must ask their professional order to inform the Minister of Justice, without delay, of the cessation.

O.C. 972-2003, s. 12.

DIVISION III TARIFF OF FEES

13. The fees payable to a mediator for the carrying out of a mediation mandate are $114 per hour for a maximum of 3 hours, including any work performed outside the sessions in connection with the mediation.

O.C. 972-2003, s. 13; O.C. 586-2021, s. 8.

13.1. The mediator may work additional hours to carry out a mediation mandate, including any work performed outside the sessions in connection with the mediation, at the parties’ expense. In such a case, the fees payable to a mediator are $114 per hour.

O.C. 586-2021, s. 9.

14. (Revoked).

O.C. 972-2003, s. 14; O.C. 586-2021, s. 10.

15. Travel, research, communications and any other expenses, costs or charges shall be borne by the mediator. The mediator may not claim, directly or indirectly, payment or reimbursement of such expenses, costs or charges from the parties.

O.C. 972-2003, s. 15.

16. The fees provided for in this Regulation shall be indexed on 1 April each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the 12-month period ending on 31 December of the preceding year, as determined by Statistics Canada.

The fees, thus indexed, shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50 or 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 Part 1 of the Gazette officielle du Québec and by such other means as the Minister considers appropriate, of the indexing calculated under this section.

O.C. 972-2003, s. 16.

17. (Omitted).

O.C. 972-2003, s. 17.

TRANSITIONAL

2021

(O.C. 586-2021) SECTION 11. Paragraphs 1 and 2 of section 2, paragraph 1 of section 3, section 5, paragraph 2 of section 6 and sections 8 to 10 of this Regulation cease to have effect on 30 November 2022, except with respect to situations where a mediation mandate has already been given to a mediator on that date.

REFERENCES

O.C. 972-2003, 2003 G.O. 2, 2977

O.C. 586-2021, 2021 G.O. 2, 1318