C-25.1, r. 6 - Tariff of court costs in penal matters

Updated to 27 December 2012

This document has official status.

chapter C-25.1, r. 6

Tariff of court costs in penal matters

Code of Penal Procedure

(chapter C-25.1, arts. 261 and 367, pars. 2 to 13).

The amounts prescribed in the Regulation have been indexed as of 1 April 2011 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 2 July 2011, page 735. (ss. 1, 2, 3, 5, 7, 8, 10, 11, 12 and 13)

1. The court fees payable are:

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

(a)  in first instance: $21;

(b)  in Superior Court: $21;

(c)  in the Court of Appeal: $21;

(2)  for any act of security on a registered immovable: $109;

(3)  for any other act of security: $31;

(4)  for the filing of a notice of appeal with the office of Superior Court: $31;

(5)  for the preparation and sending of a file to Superior Court or to the Court of Appeal: $54;

(6)  for the presentation of an application for leave to appeal or upon appeal pleno jure to the Court of Appeal: $192;

(7)  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 but less than $100: $25;

(d)  where the fine requested is equal to or greater than $100 but less than $150: $46;

(e)  where the fine requested is equal to or greater than $150 but less than $300: $67$;

(f)  where the fine requested is equal to or greater than $300 but less than $600: $134;

(g)  where the fine requested is equal to or greater than $600 but less than $1,000: $266;

(h)  where the fine requested is equal to or greater than $1,000 without exceeding $10,000, the amount corresponding to 25% of the fine;

(i)  where the fine requested is greater than $10,000, the sum obtained by adding $2,500 to the amount corresponding to 1% of the part of the fine exceeding $10,000;

(8)  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: $25.

For the purposes of subparagraphs h and i of subparagraph 7 of the first paragraph, the sum obtained shall be reduced to the nearest dollar where it contains a fraction of a dollar less than $0.50; it shall be increased to the nearest dollar where it contains a fraction of a dollar equal to or greater than $0.50.

O.C. 1412-93, s. 1; O.C. 1210-96, s. 1.

2. 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, the sum obtained by adding $55 to the amount of the costs provided for in subparagraph 7 of the first paragraph of section 1;

(2)  for a judgment of guilty rendered during the contested trial or for the contestation of the greater sentence requested, the sum obtained by adding $89 to the amount of the costs provided for in subparagraph 7 of the first paragraph of section 1;

(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: $35;

(4)  for the dismissal of a preliminary application that is dilatory or clearly unfounded, in addition to the costs provided for in a tariff of court costs for the summons and travel expenses of witnesses: $70;

(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: $42;

(6)  for service by bailiff, by peace officer or by a person authorized by law, of any document other than a statement of offence, 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: $14;

(8)  for an adjournment granted at the party’s request: $31;

(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: $276;

(10)  for the dismissal by the Superior Court of an application to declare an appeal frivolous or clearly unfounded: $70;

(11)  for the dismissal by the Superior Court of an appeal that is frivolous or clearly unfounded: $138;

(12)  for any dismissal of an appeal: $70;

(13)  for the dismissal of an application for an appeal in the form of a new trial: $70;

(14)  for the dismissal of an application for leave to appeal in the Court of Appeal: $70;

(15)  the court fees payable and paid by the opposing party under subparagraphs 1 to 6 of the first paragraph of section 1;

(16)  an allowance payable to a witness, as determined under section 6;

(17)  the fees for taking down and transcribing depositions of witnesses, as determined under section 15.

O.C. 1412-93, s. 2; O.C. 1210-96, s. 2.

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

(1)  for each page: $2;

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

O.C. 1412-93, s. 3.

4. A person who receives security shall deposit it without delay in the place indicated on the statement for the sending of the defendant’s plea of guilty or not guilty.

O.C. 1412-93, s. 4.

5. The amount of costs added to the amount of the minimum fine for the purpose of determining the security referred to in article 76 of the Code of Penal Procedure (chapter C-25.1) is the sum obtained by adding $55 to the amount of the costs provided for in subparagraph 7 of the first paragraph of section 1.

O.C. 1412-93, s. 5; O.C. 1210-96, s. 3.

6. The allowance payable to a witness shall be determined in accordance with the Regulation respecting indemnities payable to witnesses summoned before courts of justice (chapter C-25, r. 7).

O.C. 1412-93, s. 6.

7. The costs that may be awarded against a defaulting witness are: $83.

O.C. 1412-93, s. 7.

8. The costs for the dismissal of an application for rectification of judgment are: $28.

O.C. 1412-93, s. 8.

9. The minimum amount of the costs payable upon an order to reduce costs is the amount of the costs provided for in subparagraph 7 of the first paragraph of section 1.

O.C. 1412-93, s. 9; O.C. 1210-96, s. 4.

10. The costs for the dismissal of an application for reduction of costs are: $28.

O.C. 1412-93, s. 10.

11. 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: $28.

O.C. 1412-93, s. 11.

12. 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: $165.

O.C. 1412-93, s. 12.

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

(1)  for a plea of guilty sent by the defendant without the total of the fine and costs requested, in addition to the costs provided for in subparagraph 7 of the first paragraph of section 1: $7;

(2)  for a notice of judgment sent for payment of a sum due: $21.

(3)  for a notice of non-payment of a sum due sent to the Société de l’assurance automobile du Québec: $35;

(4)  for the issue of a writ of seizure: $35;

(5)  for the issue of a warrant of arrest: $35;

(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: $35;

(7)  for the issue of a warrant of committal: $35;

(8)  for the service, by mail, of a writ of seizure by garnishment: $14;

(9)  for the execution of any writ, 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: $55;

(b)  where the warrant is executed by a bailiff, 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, the fee provided for in section 12.2 of the Tax Administration Act (chapter A-6.002);

(12)  For any disbursement made by a collector to recover a sum due:

(a)  the fees provided for in the agreement entered into between the Régie de l’assurance maladie du Québec and the Minister of Justice under section 65.0.2 of the Health Insurance Act (chapter A-29), for manual retrieval and transmission of information concerning a person who has not paid a sum due within the meaning of the Code of Penal Procedure (chapter C-25.1) within the prescribed time;

(b)  in addition to the fees provided for in section 8.1 of the Act to promote the reform of the cadastre in Québec (chapter R-3.1), the fees paid by the collector for the registration of a legal hypothec provided for

i.  (obsolete);

ii.  in Schedule I to the Act respecting registry offices (chapter B-9);

(c)  the fees paid by the collector provided for in Schedule II to the Act respecting registry offices.

O.C. 1412-93, s. 13; O.C. 1210-96, s. 5; O.C. 811-2002, s. 1.

14. Upon receipt of payment of the fine and costs, the collector shall remit to a prosecutor referred to in paragraph 3 of article 9 of the Code of Penal Procedure (chapter C-25.1) the costs provided for in a tariff of court costs and assumed by him under this Regulation in order to carry on the proceedings.

O.C. 1412-93, s. 14.

15. 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. 1412-93, s. 15; O.C. 239-2006, s. 1.

16. 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. 1412-93, s. 16; O.C. 1163-2012, s. 1.

17. This Regulation revokes the Tariff of advocates’ and court stenographers’ fees in the application of the Statutes of Québec (O.C. 456-75, 75-02-05).

O.C. 1412-93, s. 17.

18. This Regulation replaces the Tariff of court fees, court office fees and security in penal matters (O.C. 1285-90, 90-09-05).

O.C. 1412-93, s. 18.

19. This Regulation replaces By-law 9254 concerning legal costs in penal matters applicable to offences that may be tried before the Municipal Court of Montréal, made by Ville de Montréal and approved by Order in Council 1833-92 dated 16 December 1992.

O.C. 1412-93, s. 19.

20. This Regulation replaces the part of Règlement 92-3602 of Ville de Longueuil that concerns court fees payable under the Code of Penal Procedure and costs that may be awarded against a party in first instance, approved by Order in Council 583-93 dated 28 April 1993.

O.C. 1412-93, s. 20.

21. (Omitted).

O.C. 1412-93, s. 21.

REFERENCES

O.C. 1412-93, 1993 G.O. 2, 5554

O.C. 1210-96, 1996 G.O. 2, 4096

O.C. 811-2002, 2002 G.O. 2, 3801

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

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

S.Q. 2011, c. 18, ss. 63 and 317

O.C. 1163-2012, 2012 G.O. 2, 3457