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

Updated to 11 February 2023

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 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 11 February 2023, page 117. (ss. 2, 3, 4, 5, 6, 8, 9, 10, 11) (Effect from 1 January 2023)

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: $10;

(b)  in the Superior Court: $10;

(c)  in the Court of Appeal: $10;

(2)  for an act of security: $13;

(3)  for the filing of a notice of appeal with the office of the Superior Court: $13;

(4)  for the preparation and sending of a file to the Superior Court or to the Court of Appeal: $24;

(5)  for the presentation of an application for leave to appeal or upon appeal pleno jure to the Court of Appeal: $114;

(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: $6;

(b)  where the fine requested is greater than $10 but less than $50: $14;

(c)  where the fine requested is equal to or greater than $50 without exceeding $750: $22;

(7)  for the amount of supplementary costs payable by a defendant who entered a plea of not guilty and changed it before the trial to enter a plea of guilty but has not paid the total amount of the fine and costs requested in the statement of offence: $14.

O.C. 40-94, s. 2; O.C. 1283-96, s. 1; O.C. 1232-2017, s. 1; S.Q. 2020, c. 12, s. 81.

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: $25;

(b)  where the fine requested is greater than $10 but less than $50: $34;

(c)  where the fine requested is equal to or greater than $50 without exceeding $750: $41;

(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: $40;

(b)  where the fine requested is greater than $10 but less than $50: $65;

(c)  where the fine requested is equal to or greater than $50 without exceeding $750: $72;

(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: $16;

(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: $31;

(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: $18;

(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 of court bailiffs (chapter H-4.1, r. 13.1);

(7)  for another method of serving a document other than a statement of offence: $6;

(8)  for an adjournment granted at the party’s request: $13;

(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: $164;

(10)  for the dismissal by the Superior Court of an application to declare an appeal frivolous or clearly unfounded: $31;

(11)  for the dismissal by the Superior Court of an appeal that is frivolous or clearly unfounded: $83;

(12)  for any dismissal of an appeal: $31;

(13)  for the dismissal of an application for an appeal in the form of a new trial: $31;

(14)  for the dismissal of an application for leave to appeal in the Court of Appeal: $31;

(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; O.C. 1232-2017, 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: $37.

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

6. The costs for the dismissal of an application for rectification of judgment are: $12.

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: $12.

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: $12.

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

10. The costs for the dismissal of an application for an application for judicial review under the Code of Civil Procedure (chapter C-25.01) or habeas corpus proceedings or, where the application is granted, the costs determined at the time of the judgment on the proceedings are: $98.

O.C. 40-94, s. 10; I.N. 2016-01-01 (NCCP).

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: $4;

(2)  for a notice of judgment sent for payment of a sum due: $10;

(3)  for a notice of non-payment of a sum due sent to the Société de l’assurance automobile du Québec: $16;

(3.1)  for the notification of a notice of execution to the Société de l’assurance automobile du Québec under article 730 of the Code of Civil Procedure (chapter C-25.01): $9;

(4)  for the filing with the court office of a notice of execution prepared by the collector, regardless of the number of records concerned: $27;

(4.1)  for the filing with the court office of an amended notice of execution prepared by the collector, regardless of the number of records concerned: $27;

(4.2)  for the execution instructions prepared by the collector and given to the bailiff: $20;

(4.3)  for the filing by the collector of a statement of claims under article 685 of the Code of Civil Procedure: $25;

(5)  for the issue of a warrant of arrest: $16;

(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: $16;

(6.1)  for the subpoena and examination of the garnishee by the collector under article 712 of the Code of Civil Procedure: $19;

(6.2)  for an order, a decision, or an authorization by the court or the court clerk at the request of the collector under a provision of the Code of Civil Procedure: $12;

(7)  for the issue of a warrant of committal: $16;

(7.1)  for the service by bailiff of an application for the issue of an order of imprisonment for default of payment of the sums due, the tariff provided for in the Tariff of fees of court bailiffs (chapter H-4.1, r. 13.1);

(8)  for the service by mail of a notice of execution of seizure in the hands of third persons or of an amended notice of execution of seizure in the hands of third persons: $13;

(8.1)  for the filing of the garnishee’s declaration with the court office and its notification by the collector, regardless of the number of records concerned: $8;

(8.2)  for the filing of the bailiff’s report prepared and notified by the collector: $23;

(8.3)  for the preparation by the collector of a collocation scheme after the seizure in the hands of third persons of sums of money: $8;

(8.4)  for the filing and notification of a claim for the seizure in the hands of third persons or for voluntary deposit: $35;

(9)  for the execution of any notice, half the tariff provided for in the Tariff of fees of court bailiffs;

(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: $24;

(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; O.C. 1098-2015, s. 1; I.N. 2016-01-01 (NCCP).

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.

TRANSITIONAL

2015

(O.C. 1098-2015) SECTION 2. The costs of execution of the judgment provided for in section 11, applicable until the date of coming into force of this Regulation (1 January 2016), continue to apply with regard to acts performed within the framework of execution proceedings already under way on that date.

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

O.C. 1098-2015, 2015 G.O. 2, 3346

O.C. 1232-2017, 2017 G.O. 2, 3913

S.Q. 2020, c. 12, s. 81