b-9, r. 1 - Tariff of fees respecting land registration

Updated to 1 September 2012

This document has official status.

chapter B-9, r. 1

Tariff of fees respecting land registration

Act respecting registry offices

(chapter B-9, s. 8).

Replaced, 2011, chapter 18, s. 317.

The Tariff of fees respecting land registration (chapter B-9, r. 1) is replaced by Schedule I to the Act respecting registry offices (chapter B-9) enacted by section 63 of the Act respecting mainly the implementation of certain provisions of the Budget Speech of 17 March 2011 and the enactment of the Act to establish the Northern Plan Fund (2011, chapter 18).

The sums paid in fees, duties and costs under the Tariff are deemed to be fees, duties and costs validly collected under the first paragraph of section 317 of chapter 18 of the statutes of 2011. Those sums belong to the Government.

O.C. 1074-2001; S.Q. 2011, c. 18, s. 317.

1. This Tariff applies to every registration division as of 9 October 2001.

O.C. 1074-2001, s. 1.

2. The fee for the registration of an application for registration of rights is $60 where the application is presented in paper form to a registry office established for a registration division. The fee is reduced by $10 where the application is presented electronically to the Land Registry Office.

O.C. 1074-2001, s. 2.

3. Notwithstanding section 2, the fee for the registration of an application for registration of rights presented in the form of a summary is $60 per summarized document where the application is presented in paper form to a registry office established for a registration division. The fee is reduced by $10 per summarized document where the application is presented electronically to the Land Registry Office.

O.C. 1074-2001, s. 3.

4. The fee for the registration of an application for cancellation or reduction of registration is $71, including the cancellation or reduction of the rights provided for in the first application for registration covered by the application for cancellation or reduction, plus $48 for every additional application, where the application for cancellation or reduction is presented in paper form to a registry office established for a registration division. The fee is reduced, respectively, by $10 where the application for cancellation or reduction is presented electronically to the Land Registry Office.

O.C. 1074-2001, s. 4.

5. The fee for the registration of a prior notice of sale for non-payment of immovable taxes is $60 plus $8 per lot or part of a lot where the application is presented in paper form to a registry office established for a registration division. The fee is $50 plus $8 per lot or part of a lot where the application is presented electronically to the Land Registry Office.

O.C. 1074-2001, s. 5.

6. The fee for the registration of an application for registration of an address, by a notice or by a reference to a notice already published, of the renewal of the registration of an address or the omitted reference to a notice of address is $36.

Notwithstanding the foregoing, the fee shall not be payable for the registration of the change in a reference to a notice of address.

O.C. 1074-2001, s. 6.

7. Notwithstanding sections 2 to 6, no fee is payable for the registration of

(1)  a change in the address or in the name of the persons referred to in article 3022 of the Civil Code or a cancellation or reduction of the registration of a notice of address;

(2)  a list of immovables that were not sold at a sale for non-payment of immovable taxes;

(3)  a document evidencing the redemption of lots adjudicated at a sale for non-payment of immovable taxes;

(4)  a notice served pursuant to article 813.4 of the Code of Civil Procedure (chapter C-25);

(5)  (paragraph implicitly revoked);

(6)  an action against the owner of the immovable following a legal hypothec in favour of persons having participated in the construction or renovation of an immovable or following a legal hypothec of a syndicate of co-owners on a fraction of a co-owner;

(7)  a list of immovables adjudicated at the sale for non-payment of immovable taxes;

(8)  a notice of a sheriff’s sale;

(9)  a release from a sheriff’s seizure;

(10)  a clerk’s certificate attesting that an action has been discontinued;

(11)  a certificate of the Attorney General stating that a hypothec in favour of the State is extinguished or reduced; and

(12)  the abandonment or revocation of a real right of State resource development that is not exempt from registration.

O.C. 1074-2001, s. 7.

8. The fee for the statements certified by the registrar provided for in the first paragraph of article 3019 of the Civil Code and in article 704 of the Code of Civil Procedure (chapter C-25) is $12 for the certified statement and $12 for each copy of application for registration, including the accompanying document where it is in the form of a summary, composing the statement.

O.C. 1074-2001, s. 8.

9. The fee for any other certificate is $12, unless the law expressely provides that no fees are to be collected or that specific fees are fixed.

O.C. 1074-2001, s. 9.

10. The fee for each copy of or extract from a register kept at the Land Registry Office is $18 per land file or per file opened in the index of names, directory of addresses, directory of holders of real rights or per date and registration division for the book of presentation. The fee is $18 per file for the register complementary to the index of names in the form of microfilms or microfiches kept for the registration divisions of Montréal and Laval.

The fee for each copy of or extract from the register kept, under section 245 of the Act to amend the Civil Code and other legislative provisions relating to land registration (S.Q. 2000, c. 42), in a registry office established for a registration division is $18 per page of the register.

The fee for each copy of the plan of a lot is $6. The fee is $18 for each copy of or extract from an application for registration, including the accompanying document where it is in the form of a summary, or from any other document.

O.C. 1074-2001, s. 10.

11. The fee for copies of applications, including the accompanying documents where they are in the form of a summary, forwarded for the purposes of transfers of immovables or the updating of the municipal assessment rolls, is $3 per copy, regardless of the means used to issue such copies.

O.C. 1074-2001, s. 11.

12. A fee of $18 is added to the fee payable where a copy, an extract or a statement is forwarded by fax.

O.C. 1074-2001, s. 12.

13. The municipal bodies are billed monthly for the fees payable owing to the copies of applications and documents that are forwarded to them for the purposes of transfers of immovables and the updating of the municipal assessment rolls.

O.C. 1074-2001, s. 13.

14. The fee to complete the form of the Agence du revenu du Québec concerning a person who appears as being registered as the owner of a lot, part of a lot or an immovable identified by a serial number in the registers is $6 for each form completed.

O.C. 1074-2001, s. 14.

15. The fee to consult, in registry offices established for registration divisions, registers, plans and other documents kept in paper form, on microfilms or microfiches is $6 per person per day or fraction of a day. The consultation fee includes copies of registers and other microfilmed or microphotographed documents made using the printers available to the public. No fee is payable where the consultation is carried out for the purpose of making cadastres under the Act to promote the reform of the cadastre in Québec (chapter R-3.1) or the Act respecting land titles in certain electoral districts (chapter T-11).

O.C. 1074-2001, s. 15.

16. The fee to consult the registers, plans and other documents kept on a computer system is $4 per lot, document, name, registration division or other character researched, according to the document or register consulted. The fee is $1 per lot, document, name, registration division or other character researched, where the consultation is not carried out by means of display screens available in registry offices established for registration divisions. The consultation fee includes the copies of registers, plans and other documents kept on a computer system made by the public using the printers put at their disposal. No fee is payable where the consultation is carried out, by means of display screens available in registry offices established for registration divisions, for the purpose of making cadastres under the Cadastre Act (chapter C-1), the Act to promote the reform of the cadastre in Québec (chapter R-3.1) or the Act respecting land titles in certain electoral districts (chapter T-11).

O.C. 1074-2001, s. 16.

17. The fee for a certified statement of registration in paper form is $12. Notwithstanding the foregoing, the fee shall not be payable for a first certified statement of registration issued in respect of an application for registration presented in paper form to a registry office established in a registration division.

O.C. 1074-2001, s. 17.

18. The fee provided for in this Tariff shall be indexed on 1 April of each year on the basis of the cumulative rate of increase in the general Consumer Price Index for Canada for the period beginning on 31 December and ending on 31 December of the year preceding the indexing, as determined by Statistics Canada. The fee indexed in the prescribed manner 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. 1074-2001, s. 18.

19. (Obsolete).

O.C. 1074-2001, s. 19.

20. (Omitted).

O.C. 1074-2001, s. 20.

REFERENCES

O.C. 1074-2001, 2001 G.O. 2, 5005

S.Q. 2010, c. 31, s. 175