J-3, r. 4 - Tariff of court fees before the Administrative Tribunal of Québec

Updated to 1 September 2012

This document has official status.

chapter J-3, r. 4

Tariff of court fees before the Administrative Tribunal of Québec

Act respecting administrative justice

(chapter J-3, s. 92; 1997, chapter 43, s. 837).

Pursuant to section 837 of the Act respecting the implementation of the Act respecting administrative justice (1997, chapter 43), this Regulation continues to apply in matters of expropriation until the coming into force of regulation referred to in section 92 of the Act respecting administrative justice (chapter J-3).

R.R.Q., 1981, c. E-24, r. 2; S.Q. 1986, c. 61, s. 64; S.Q. 1988, c. 21, s. 66; S.Q. 1997, c. 43, s. 851.

1. Classes of actions:

(1)  Actions in which the amount or value at issue from $1$ to $50,000 exclusively.

(2)  Actions in which the amount or value at issue is from $50,000 to $200,000 exclusively.

(3)  Actions in which the amount or value at issue is from $200,000 to $500,000 exclusively.

(4)  Actions in which the amount or value at issue is $500,000 and over.

The class of action shall be determined:

(a)  in expropriation matters, by the amount of the offer;

(b)  in establishment of reserve matters, by the amount of the claim;

(c)  in all other matters, by the amount claimed in the motion introducing a suit.

R.R.Q., 1981, c. E-24, r. 2, s. 1.

2. Actions in which the amount is not indicated shall be part of the first class.

R.R.Q., 1981, c. E-24, r. 2, s. 2.

3. For proceedings the tariff for which does not specially fix the fees payable, the disbursements shall be those of analogous proceedings.

R.R.Q., 1981, c. E-24, r. 2, s. 3.

4. The class of actions for accessory proceedings shall be determined in relation to the amount of the offer, claim or motion, according to the rule provided in the second paragraph of section 1.

R.R.Q., 1981, c. E-24, r. 2, s. 4.

5. Stages proceedings: This Tariff groups all proceedings in 2 stages:

(a)  introductory proceedings:

i.  reference judgment of the Superior Court or motion;

ii.  declaration of suit or declaration of offer;

iii.  defence or contestation of the same nature;

(b)  inscription by the interested party up to the order, including a copy of the order in the cases contested.

R.R.Q., 1981, c. E-24, r. 2, s. 5.

6. Subject to classes and stages, the fees shall be as follows:

    a)  introductory proceedings:

1.  Offer or defence                  2.  Claim or suit

    i.     $10                                $10

   ii.     $25                                $25 

  iii.     $50                                $50

   iv.    $100                               $100

    b)  inscription by the interested party up to the
       order:	
    i       $5
	
   ii.      $8

  iii.     $15

   iv.     $50	

R.R.Q., 1981, c. E-24, r. 2, s. 6.

7. (1)  Every petition, motion or contestation not included in an action already subject to this Tariff and which does not constitute an incidental or interlocutory proceeding: $10.

(2)  Every contestation of the proceedings mentioned in subsection 1 and which cannot be assimilated to a defence in an action: $10.

If an inscription is filed after issues are joined, paragraph b of section 6 shall apply.

R.R.Q., 1981, c. E-24, r. 2, s. 7.

8. (1)  Certificate other than of default to appear or plead: $2.

(2)  Certificate of non-appeal or final proceedings: $1.

R.R.Q., 1981, c. E-24, r. 2, s. 8.

9. Taxation of bill of costs following upon a judgment: $5.

R.R.Q., 1981, c. E-24, r. 2, s. 9.

10. Copy of any document not mentioned above, including research: $0.50 per page.

If a certificate of authenticity is furnished, the fees payable are those prescribed in section 8.

R.R.Q., 1981, c. E-24, r. 2, s. 10.

11. The fees fixed by the applicable tariff shall apply for taking depositions and the transcription thereof where necessary.

R.R.Q., 1981, c. E-24, r. 2, s. 11.

12. Witness shall be taxed in accordance with the applicable tariff.

R.R.Q., 1981, c. E-24, r. 2, s. 12.

13. Appeal proceedings:

(1)  Filing of the inscription with the Tribunal, including the inscription, copy, examination and preparing of the record and its transmission to the Court of Appeal:

(a)  following upon a final judgment: $30;

(b)  following upon an interlocutory judgment: $10.

(2)  With the Court of Appeal:

(a)  appelant: $35;

(b)  respondent: $30;

These amounts include all introductory proceedings and appearances up to the final judgment, save petitions for which an amount of $10 shall be charged for each;

(c)  tax on a bill of costs:

i.  following upon final judgment: $5;

ii.  upon judgment obtained by petition: $2.

R.R.Q., 1981, c. E-24, r. 2, s. 13; S.Q. 1986, c. 61, s. 64.

14. Appeal to the Supreme Court: Upon the appelant’s appearance, including all proceedings required by law to be filed or prepared for the Court of Appeal: $50.

R.R.Q., 1981, c. E-24, r. 2, s. 14.

REFERENCES

R.R.Q., 1981, c. E-24, r. 2

S.Q. 1997, c. 43, ss. 837 and 851